IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(C) NO. 875 OF 2022
SEEKING FOR AN EXPEDITIOUS DISPOSAL OF EP 115/2018 AND 290/2018
OF PRINCIPAL SUB COURT, KOZHIKODE
PETITIONER:
AMBALI VINOD
AGED 60 YEARS
S/O.LATE AMBALI KARTHIKEYAN,
VILLA NO.15,
SKY LINE MEDOWS,
ERANHIPPALAM P.O.,
KOZHIKKODE TALUK,
KOZHIKKODE DISTRICT.
673 006., PIN - 673006
BY ADVS.
BINOY VASUDEVAN
R.MANIKANTAN
RESPONDENT:
AMBALI ANAND
AGED 59 YEARS
S/O.LATE AMBALI KARTHIKEYAN,
HOUSE NO.1/64,
AMBALI HOUSE,
BEACH ROAD,
WEST HILL P.O.,
PUDIYANGADI AMSOM AND DESOM,
KOZHIKKODE TALUK,
KOZHIKKODE DISTRICT.
PIN - 673005
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 875 OF 2022 2
Dated this the 14th day of June, 2022
JUDGMENT
The original petition is filed to direct the Court of Principal Subordinate Judge, Kozhikode to consider and dispose of E.P.Nos.115/2018 and 290/2018 within a time frame.
2. Pursuant to the order dated 26.05.2022 passed by this Court, the learned Principal Subordinate Judge, Kozhikode has by communication dated 01.06.2022 informed this Court that E.P. No.290/2018 is posted for delivery of the property allotted to the plaintiff and E.P. No.115/2018 is posted for delivery of the property allotted to the petitioner in that E.P. The learned Subordinate Judge would make every endeavour to deliver the property after its actual division as per the decree within a period of four months.
3. Heard, Sri. Binoy Vasudevan, the learned the counsel appearing for the petitioner. OP(C) NO. 875 OF 2022 3
4. In view of the limited relief that I propose to pass that is to direct the court below to dispose of the above execution petitions within a time frame, I dispense with notice to the respondent.
In the light of the pleadings and materials on record and the above communication of the learned Subordinate Judge, in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Subordinate Judge, Kozhikode to consider and dispose of E.P Nos. 115/2018 and 290/2018 in accordance with law, as expeditiously as possible , at any rate, within a period of four months as stated in the communication dated 01.06.2022.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm15/06/2022 OP(C) NO. 875 OF 2022 4 APPENDIX OF OP(C) 875/2022 PETITIONER EXHIBITS Exhibit P 1 TRUE COPY OF E.P.NO.115/2018 PREFERRED BY THE RESPONDENT ON THE FILE OF THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE.
Exhibit P 2 TRUE COPY OF THE JUDGMENT DATED 27-03-
2018 IN R.F.A.NO.376/2017 BEFORE THIS HON'BLE COURT.
Exhibit P 3 TRUE COPY OF E.P.NO.290/2018 PREFERRED BY THE PETITIONER ON THE FILE OF THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE Exhibit P 4 TRUE COPY OF THE APPLICATION PREFERRED BY THE RESPONDENT IN E.P.NO.115/2018.