Radhamma vs Vijaya Bank
2021 Latest Caselaw 17433 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
      WEDNESDAY, THE 25th DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                         EX.FA NO. 23 OF 2019 (F)
     AGAINST THE ORDER IN EA 49/2018 IN EP 18/2016 OF SUB COURT,
                                CHENGANNUR
APPELLANT/PETITIONER:

           RADHAMMA, AGED 88 YEARS,
           W/o LATE KESAVA PILLAI,
           PULLAMPILLA PICHAMATHAYA VIRUTHIYATH HOUSE, P.O.PANDANAD,
           CHENGANNUR TALUK, ALAPPUZHA DISTRICT

           BY ADVS.P.JAYARAM
                   SRI.SARATH CHANDRAN K.B.



RESPONDENT/RESPONDENT:

           VIJAYA BANK, THIRUVALLA BRANCH,
           REPRESENTED BY ITS MANAGER, P.O.THIRUVALLA,PIN-689 101

           BY ADVS. SMT.LATHA ANAND
                    SRI.S.VISHNU (ARIKKATTIL)




     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 C.M.Appln.No.1/2019 and
Ex.FA No.23 of 2019                     2




                                   JUDGMENT

C.M.Application No.1/2019 is for condoning the delay of

77 days in preferring this execution appeal in the year

2019. It was dragged for a long period of more than two

years. Today also the counsel remained absent for the

reason best known to him. After the culmination of decree

in O.S.No.181/2007, the mother of defendants, who is aged

more than 80 years, came up with a claim petition based on

a Will alleged to have been executed by the father of

defendants, for which no objection was raised by the

defendants presumably for the purpose of defeating the

decree already passed. The absence of the counsel looms

large at this juncture. Hence C.M.Application No.1/2019

and the execution appeal are dismissed for non prosecution

with cost throughout.

C.M.Appln.No.1/2019 and

The Registry is hereby directed to intimate the

judgment to the execution court without any further delay

so as to enable the party to proceed with the execution.

Sd/-

P.SOMARAJAN JUDGE

DMR/-