Kavitha vs V.Shaji
2021 Latest Caselaw 4382 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                          OP(C).No.1108 OF 2020

   E.P.NO.115/2018 IN OS 238/2014 OF ADDITIONAL MUNSIFF COURT,
                            ALAPPUZHA


PETITIONER/JUDGMENT DEBTOR:

             KAVITHA
             AGED 40 YEARS, W/O.PEETHAMBARAN,
             KANDATHIL HOUSE, NEAR LESKHMI NARAYANA GAS AGENCY,
             NORTH ARYADU, KOMALAPURAM,
             AMBALAPPUZHA, ALAPPUZHA DISTRICT-688 521

             BY ADV. SRI.K.C.SUDHEER

RESPONDENT/DECREE HOLDER:

             V.SHAJI
             S/O.VASU, AGED 57 YEARS
             PADMALAYAM, ALAPPUZHA WEST VILLAGE,
             AMABALAPPUZHA TALUK,
             ALAPPUZHA DISTRICT-688 521

             BY   ADV.   SRI.JOMY GEORGE
             BY   ADV.   SRI.R.PADMARAJ
             BY   ADV.   SRI.M.J.BENNY
             BY   ADV.   SRI.DEEPAK MOHAN
             BY   ADV.   SRI.R.AJITH KUMAR [V.K.EDOM]
             BY   ADV.   SMT. CHITRA N. DAS
             BY   ADV.   SHRI.RISHAB S.

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1108/2020                2




                           JUDGMENT

Dated this the 5th day of February 2021

The petitioner is the judgment debtor in E.P.No.115 of 2018

in O.S.No.238 of 2014 on the file of the Additional Munsiff,

Alappuzha.

2. The petitioner seeks a direction to be issued to the

court below to expedite disposal of E.P.No.115 of 2018 after

considering the objections which she raised to the application

filed by the decree holder for sale of the property. It is contended

that the property in fact belongs to the mother of the judgment

debtor and further it is subject to mortgage right in favour of the

creditor Bank. It is submitted that though these objections were

raised before the court below, they could not be effectively

pursued inasmuch as the entire nation was under lock down

during the relevant period.

3. Heard the learned counsel appearing on both sides.

4. Having regard to the nature of the submission made,

it is only just and fair to permit the petitioner to pursue her

objections before the execution court by affording an effective

opportunity.

In the result, this Original Petition is allowed directing the

court below to decide the sale proceeding pending before it after

giving reasonable opportunity to the petitioner. It is made clear

that the matter shall be decided as expeditiously as possible

within a period of one month from the date of receipt of a copy of

this judgment.

Sd/-

T.V.ANILKUMAR JUDGE csl

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DECREE IN O.S.NO.238/2014 DATED 11.01.2018 BY THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA

EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE HON'BLE DISTRICT COURT, ALAPPUZHA DATED 04.06.2018

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P.NO.115/2018 DATED 06.07.2020