IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
OP(C) NO. 868 OF 2022
IN E.P NO.396 OF 2013 IN O S NO.478 OF 2011 ON THE FILE OF THE
ADITIONAL SUB-JUDGE, IRINJALAKKUDA
ORIGINALPETITIONER/DECREE HOLDER/PLAINTIFF:
JAYAPRAKASH,
AGED 52 YEARS,
S/O SANKARAN,
RESIDING IN THE ADDRESS PERUMPULLY HOUSE,
KALLUR, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT , PIN - 680317
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/JUDGMENT DEBTOR/DEFENDANTS:
1 ANSON DAVIS,
AGED 48 YEARS,
S/O DEVASSY,
RESIDING IN THE ADDRESS PANANKUDAN HOUSE,
KALLUR VILLAGE DESOM, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT , PIN - 680 317
2 THE SECRETARY,
KALLUR SERVICE CO-OPERATIVE BANK LTD. ,NO. 227,
KALLUR P O, THRISSUR DISTRICT , PIN - 680 317
BY ADV V.BINOY RAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.868 of 2022
2
JUDGMENT
Dated this the 03rd day of June, 2022 The original petition is filed, to direct the Court of the Additional Subordinate Judge, Irinjalakkuda, to dispose of E.P.No.396 of 2013 in O.S.No.478 of 2011 within a time frame.
2. Pursuant to the order dated 25.05.2022, passed by this Court, the learned Subordinate Judge by communication dated 02.06.2022, has informed this Court that the above execution petition can be disposed of within a period of five months.
3. Heard learned counsel appearing for the petitioner.
4. In the light of the limited relief that I propose to pass, I.e., to direct the court below to dispose of the execution petition within a time frame, I dispense with O.P.(C)No.868 of 2022 3 notice to the respondents.
5. On a consideration of the pleadings and materials record and the above communication, in exercise of the supervisory jurisdiction of this Court as ensured under Article 227 of the Constitution of India, I direct the Court of the Additional Subordinate Judge, Irinjalakkuda, to dispose of E.P. No.396 of 2013 in O.S.No.478 of 2011, in accordance with law, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a certified copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS Judge NR/03/06/2022 O.P.(C)No.868 of 2022 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER PASSED IN E A NO. 779 OF 2014 IN E P NO. 396 OF 2013 IN O S NO. 478 OF 2011 DATED 09.01.2020 ON THE FILE OF THE ADDITIONAL SUB-JUDGE, IRINJALAKKUDA. Exhibit P2 A TRUE COPY OF THE JUDGMENT IN EXECUTION FIRST APPEAL NO. 1 OF 2020 ON THE FILE OF THIS HON'BLE COURT DATED 09.02.2022.