C.A.Aboobacker vs C.V.Asharaf
2021 Latest Caselaw 11030 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                         OP(C).No.693 OF 2021


PETITIONER:

               C.A.ABOOBACKER
               AGED 64 YEARS
               S/O. MAMMED KOYA, RAFIYA NIVAS, CHEMBAKATHAZHAM,
               KASABA AMSOM DESOM, CHALAPPURAM P.O, KOZHIKODE TALUK,
               KOZHIKODE DISTRICT.

               BY ADVS.
               SRI.P.V.ANOOP
               SRI.PHIJO PRADEESH PHILIP
               SRI.M.P.PRIYESHKUMAR
               SRI.K.V.SREERAJ

RESPONDENTS:

      1        C.V.ASHARAF
               AGED 48 YEARS
               S/O. KUNJEEVI N.V, 34/1751, PALLINILAM PARAMBU,
               CHALILVADAKKU, ESWARAMANGALAM ROAD, GOVINDAPURAM,
               KOTTUVALLI AMSOM, PARAYANCHERI DESOM, GOVINDAPURAM,
               KOTTUVALLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE
               TALUK, KOZHIKODE DISTRICT, PIN-673 572

      2        SAFIYA C.V,
               AGED 42 YEARS
               D/O. KUNJEEVI N.V, 34/1751, PALLINILAM PARAMBU,
               CHALILVADAKKU, ESWARAMANGALAM ROAD, GOVINDAPURAM,
               KOTTUVALLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE
               TALUK, KOZHIKODE DISTRICT, PIN-673 572

      3        THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LIMITED
               NO. 2665 ,
               ARAVIND GOSH ROAD, NAGARAM AMSOM DESOM, KOZHIKODE,
               PIN-673 001, REPRESENTED BY ITS GENERAL MANAER,
               E. SUNILKUMAR, AGED 53 YEARS, S/O. BALAN.

      4        MYMUNATH,
               AGED 60 YEARS
               D/O. LATE KUNJEEVI, CHALIL VADAKK HOUSE, PALLINILAM
               PARAMBU, PUTHIYAPALAM, ESWARAMANGALAM ROAD, VALAYANAD
               AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT,
               PIN-673 007
 OP(C).No.693 OF 2021           2



       5       KHALID,
               AGED 58 YEARS
               S/O. LATE KUNJEEVI, CHALIL VADAKK HOUSE, PALLINILAM
               PARAMBU, PUTHIYAPALAM, ESWARAMANGALAM ROAD,
               VALAYANAD AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE
               DISTRICT, PIN-673 007

       6       SUBAIDA,
               AGED 56 YEARS
               D/O. LATE KUNJEEVI, CHALIL VADAKK HOUSE, PALLINILAM
               PARAMBU, PUTHIYAPALAM, ESWARAMANGALAM ROAD,
               VALAYANAD AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE
               DISTRICT, PIN-673 007

       7       RAMLATH,
               AGED 45 YEARS
               D/O. LATE KUNJEEVI, CHALIL VADAKK HOUSE, PALLINILAM
               PARAMBU, PUTHIYAPALAM, ESWARAMANGALAM ROAD,
               VALAYANAD AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE
               DISTRICT, PIN-673 007

       8       BICHU,
               AGED 62 YEARS
               W/O. LATE ABDUL AZEEZ, PARAYANKADUKUNNU ,
               IRINGALLUR AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE
               DISTRICT, PIN-673 014

       9       ASHIQUE @ KRISHNAKUMAR,
               AGED 45 YEARS, S/O LATE ABDUL AZEEZ, VALAYANAD
               AMSOM DESOM, THATTANKANDI , KAALLUR ROAD, MANKAVU
               P.O, KOZHIKODE DISTRICT, PIN-673 007

       10      SAFREENA,
               AGED 40 YEARS
               D/O. LATE ABDUL AZEEZ, PARAYANKADUKUNNU, NEAR
               WATERTANK MATHARA, PERUMANNA, IRINGALLUR AMSOM
               DESOM, KOZHIKODE TALUK, OLAVANNA P.O, KOZHIKODE
               DISTRICT, PIN-673 019

       11      MUNEER,
               AGED 37 YEARS, S/O. LATE ABDUL AZEEZ,
               PARAYANKADUKUNNU, NEAR WATERTANK, MATHARA,
               PERUMANNA, IRINGALLUR AMSOM DESOM, KOZHIKODE TALUK,
               OLAVANNA P.O, KOZHIKODE DISTRICT, PIN-673 019
 OP(C).No.693 OF 2021           3

       12      ANEESH,
               AGED 34 YEARS
               S/O LATE ABDUL AZEEZ, PARAYANKADUKUNNU , NEAR
               WATERTANK, MATHARA, PERUMANNA, IRINGALLUR AMSOM
               DESOM, KOZHIKODE TALUK, OLAVANNA P.O, KOZHIKODE
               DISTRICT, PIN-673 019


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.693 OF 2021               4




                             JUDGMENT

Dated this the 7th day of April 2021

The decree holder in EP No.289/2018 on the

file of the I Additional Sub Judge, Kozhikode has

sought for issue of a direction to court below for early

disposal of EA No.696/2020 in EP No.289/2018 within

a time frame to be fixed by this court.

2. When a report in this regard was called for

from the court below, it was informed that EA

No.696/2020 was already disposed of. When this was

put to the notice of the learned counsel for the

petitioner, he submitted that directions may be given

to the court below to finally dispose of EP

No.289/2018 within a time frame to be fixed by this

court.

3. The learned counsel for the petitioner

submits that the decree under execution is an award

passed in a Lok Adalath. Since, the matter pertains to

an issue which was already settled between the parties

in Lok Adalath, it is only fair enough to direct the

court below to dispose of the execution petition finally

at an earlier date.

In the result, this OP is disposed of directing the

court below to dispose of EP within a period of four

months from the date of production of a certified copy

of this judgment.

Sd/-

T.V.ANILKUMAR

JUDGE

ska

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 15.06.2017 IN O.S. NO. 113/2016 ON THE FILE OF ADDITIONAL SUB COURT II, KOZHIKODE.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22.06.2017 IN O.S NO. 113 OF 2016 ON THE FILE OF ADDITIONAL SUB JUDGE II, KOZHIKODE.

EXHIBIT P3 TRUE COPY OF THE E.P. NO. 289 OF 2018 BEFORE THE ADDITIONAL SUB COURT I,KOZHIKODE DATED 16.07.2018.

EXHIBIT P4 TRUE COPY OF THE E.A. NO. 696 OF 2020 DATED 21.12.2020 FILED BY THE 3RD RESPONDENT.