Kerala High Court
Dasan Paul vs The Special Tahasildar on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
OP(C).No.765 OF 2021
IN THE MATTER OF PENDING EXECUTION PETITION IN LAR 10/2011 OF
PRINCIPAL SUB COURT, PALAKKAD
PETITIONER/DECREE HOLDER:
DASAN PAUL
AGED 70 YEARS
S/O. PETER PAUL, RESIDING AT "PARISUDHI",
CHANDRA NAGAR COLONY, CHANDRA NAGAR, PALAKKAD.
BY ADVS.
SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
RESPONDENTS/ JUDGMENT DEBTOR:
1 THE SPECIAL TAHASILDAR,
LAND ACQUISITION (G) NO 1,
KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD 678 013.
2 THE MANAGING DIRECTOR,
ROADS AND BRIDGES DEVELOPMENT CORPORATION LIMITED 2ND
FLOOR, PREETHI BUILDING, PALARIVATTOM, COCHIN 682
025.
RI BY ADV. SRI. M.I. JOHNSON (SR.G.P)
R2 BY ADV. SRI. K.V. MANOJ KUMAR, SC FOR KRBDC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.765 OF 2021
2
JUDGMENT
The petitioner herein, who is the decree holder in
L.A.R.No.10/2011 on the file of the Sub Court,
Palakkad, has filed this original petition for issue of
direction to the court below for expeditious disposal of
E.P.No.139/2018.
2. I heard the learned counsel appearing for the
petitioner as well as the respondent.
3. A report was called for in this respect from the court
below and the court below has indicated that the
matter could be finally disposed of within a period of
six months.
4. The learned counsel for the petitioner points out that
there is already a direction issued by this Court in
L.L.A No.161/2018 for expeditious disposal of E.P. It
was further pointed out that by an order dated
26.03.2021, two more months were extended in
L.L.A.No.161/2018 which is to expire by 26.05.2021.
OP(C).No.765 OF 2021
5. After hearing the learned counsel on either side, I am
not expressing anything on merits of the contentions
raised by them for and against reliefs claimed in this
original petition. It suffices to say that direction shall
be given to the court below for expeditious disposal of
the matter.
6. In the result, this original petition is allowed calling
upon the court below to dispose of E.P.No.139/2018 in
L.A.R.No.10/2011 on or before 26.05.2021. If the
court below is not in a position to dispose of the
matter within the time stipulated above, it may
address this Court which is seized of
L.A.A.No.161/2018 for further extension of time.
Sd/-
T.V.ANILKUMAR, JUDGE
AMV/08/04/2021
OP(C).No.765 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF DECREE IN L.A.R. NO.
10/2011 ON THE FILE OF SUB COURT,
PALAKKAD.
EXHIBIT P2 TRUE PHOTOCOPY OF E.P. NO. 139/2018
FILED BY THE PETITIONER.
EXHIBIT P3 TRUE PHOTOCOPY OF ATTACHMENT SCHEDULE
FILED BY THE PETITIONER.
EXHIBIT P4 TRUE PHOTOCOPY OF ORDER DATED
22.12.2020 IN I.A. NO. 2/2019 IN CO NO.
166/2019 IN LA.APP NO. 151/2018 OF THIS
HONBLE COURT.
EXHIBIT P5 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
PRINCIPAL SUB JUDGE IN E.P. NO.
139/2018 DATED 26.03.2019.
EXHIBIT P6 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
PRINCIPAL SUB JUDGE IN E.P. NO.
139/2018 DATED 30.10.2019.
EXHIBIT P7 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL.SUB JUDGE IN E.P. NO. 139/2018
DATED 23.11.2019.
EXHIBIT P8 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL.SUB JUDGE IN E.P. NO. 139/2018
DATED 07.01.2021.
EXHIBIT P9 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL. SUB JUDGE IN E.P. NO. 139/2018
DATED 27.01.2021.
EXHIBIT P10 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL.SUB JUDGE IN E.P. NO. 139/2018
DATED 22.02.2021.
EXHIBIT P11 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL.SUB JUDGE IN E.P. NO. 139/2018
OP(C).No.765 OF 2021
DATED 25.02.2021.
EXHIBIT P12 TRUE PHOTOCOPY OF PROCEEDINGS OF THE
ADDL. SUB JUDGE IN E.P. NO. 139/2018
DATED 6.03.2021.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
