T.V.Joseph vs Mercy George
2021 Latest Caselaw 11524 Ker

            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.651 OF 2021

 IN E.A.NO.2/2021 IN E.P.NO.11/2019 IN OS 298/2008 OF ADDITIONAL
                     SUB COURT,NORTH PARAVUR

PETITIONER/CLAIM PETITIONER:

             T.V.JOSEPH,
             AGED 67 YEARS,
             S/O.LATE VAREETH, THETTAYIL HOUSE, CHETTIKULAM,
             VATTAPARAMBU, PARAKKADAVU VILLAGE, VATTAPARAMBU
             P.O., ALUVA TALUK, PIN-683 579.

             BY ADVS.SRI.VINOD RAVINDRANATH
                     SRI.KURIAN ANTONY EDASSERY
                     SRI.K.C.KIRAN
                     SMT.M.R.MINI
                     SRI.M.DEVESH
                     SRI.ASHWIN SATHYANATH

RESPONDENTS/ RESPONDENTS/ DECREE HOLDERS AND JUDGMENT DEBTORS:

      1      MERCY GEORGE,
             W/O.K.T.GEORGE, KAITHARAM HOUSE, OPP.TRIPTHI OIL
             MILLS, AZHAKAM, KARUKUTTY P.O., ALUVA TALUK, PIN-683
             576.

      2      K.T.GOERGE,
             KAITHARAM HOUSE KARUKUTTY P.O., ALUVA TALUK, PIN-683
             576.

      3      EDWIN,
             S/O.LATE JIJI K.GEORGE, KACHAPPILLY HOUSE,
             MULLASSERY P.O., VATTAPARAMBU-680 509.

      4      ALWIN,
             S/O.LATE JIJI K.GEORGE, KACHAPPILLY HOUSE,
             MULLASSERY P.O., VATTAPARAMBU-680 509.

             R1-2 BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
             R3-4 BY ADV. SRI.V.N.SUNIL KUMAR

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.651/2021

                                :-2-:

         Dated this the 8th day of April, 2021

                          J U D G M E N T

This original petition is filed for issuing a

direction to Additional Sub Judge, North Paravur,

to try and finally dispose of claim petition in

E.A.No.2/2021 in E.P.No.11/2019 as expeditiously as

possible within a time frame to be fixed by this

Court.

2. The petitioner is the claim petitioner in

E.A.No.2/2021.

3. I heard the learned counsel for the

petitioner as well as the respondents.

4. A report was called for in this respect from the court below as to the time limit within

which the matter could be finally disposed of.

5. The court below has submitted that the

matter could be finally disposed within a period

six months from 17.05.2021.

6. The learned counsel for the respondents

submitted that this Court had occasion to issue a

direction to dispose of the entire execution O.P.(C)No.651/2021

:-3-:

proceedings itself within a period of six months as

per an order passed in O.P.(C) No.260/2021. The

above direction was issued on 08.02.2021.

7. Strictly speaking, so long as there is

already a direction for disposal of execution

proceedings, issue of further direction is quite

unwarranted. Nevertheless, it is a fact that

E.A.No.2/2021 also requires to be expeditiously

disposed of in order to enable finalisation of the

entire execution proceedings.

In the result, original petition is allowed

calling upon the court below to expedite disposal

of E.A.No.2/2021 also within the entire period of

six months as already ordered in O.P.(C)

No.260/2021.

All pending interlocutory applications are

closed.

Sd/-

                                      T.V.ANILKUMAR,JUDGE

DST                                                                  //True copy/

                                                                     P.A.To Judge
 O.P.(C)No.651/2021

                             :-4-:

                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1           TRUE COPY OF CLAIM PETITION DATED

10.03.2021 IN E.A. NO.2/2021 IN E.P. NO.11/2019 IN O.S. NO.298/2008 ON THE FILES OF ADDL.SUB COURT, NORTH PARAVUR.

EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL IN R.F.A.NO.34/2011 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA DATED 10.11.2011.

RESPONDENTS' EXHIBITS: NIL