Kumaran vs The Natasha Construction Private ...
2021 Latest Caselaw 593 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        OP(C).No.1942 OF 2020

      AS 91/2010 OF ADDITIONAL DISTRICT COURT-IV, KOTTAYAM

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PETITIONERS:

      1        KUMARAN
               S/O.ITTY, DEVASWOM KARIYIL, KATTITHARA BHAGOM,
               ENADI KARA, CHEMPU VILLAGE, KOTTAYAM DISTRICT,
               PIN-686 608.

      2        BHAIMY, W/O KUMARAN,
               DEVASWOM KARIYIL, KATTITHARA BHAGOM, ENADI KARA,
               CHEMPU VILLAGE, KOTTAYAM DISTRICT, PIN-686 608.

               BY ADVS.
               SRI.B.PREMNATH (E)
               SHRI.SARATH M.S.

RESPONDENT:

               THE NATASHA CONSTRUCTION PRIVATE LIMITED
               HILL ROAD, BANDRA (W), MUMBAI-400 050, NOW
               REPRESENTED BY ITS RESIDENT DIRECTOR V.B.BALAGOPAL,
               S/O.BHASKARANUNNI, AGED 60, GOKULAM HOUSE, MEC
               ROAD, THRIKKAKARA DESOM, VAZHAKKALA VILLAGE,
               KANAYANNUR TALUK, ERNAKULAM, PIN-682 021 (AS SHOWN
               IN EP NO.61 OF 2018 IN OS NO.8 OF 2009 AND IN IA
               NO.1746 OF 2018 IN AS NO.91 OF 2010).


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                O. P. (C) No.1942 of 2020
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          Dated this the 7th day of January, 2021

                             JUDGMENT

Pending applications for re-admission of AS

91/2010 and to condone the delay in seeking for re-

admission, the execution court is proceeding with

the execution, is the grievance of the petitioner.

He seeks for a direction for an expeditious

disposal of the applications.

2. In the report called for through the

Registry, the District Court has expressed that the

applications IA 1746/2018 and 1748/2018 can be

disposed of immediately.

3. In the circumstances, this original petition

is disposed of directing the Additional District

Court-IV, Kottayam, to pass final orders on IA O. P. (C) No.1942 of 2020 :- 2 :-

Nos.1746/2018 and 1748/2018 in AS 91/2010, pending

on its files, as expeditiously as possible and at

any rate within a period of two weeks from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge OP(C).No.1942 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN OS NO.8/2009 ON THE FILE OF THE HON'BLE MUNSIFFS COURT, VAIKOM DATED 21.11.2009.

EXHIBIT P2 TRUE COPY OF EP NO.61/2018 IN OS NO.8/2009 BEFORE THE HON'BLE MUNSIFFS COURT, VAIKOM DATED 11.04.2018.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO IA NO.1746 OF 2018 IN AS NO.91 OF 2010 ON THE FILE OF THE DISTRICT COURT (FAST TRACK-1), (ADDITIONAL DISTRICT COURT-IV), KOTTAYAM DATED NIL.

EXHIBIT P4 TRUE COPY OF THE B DIARY IN RP NO.1748/2018 FROM 01.04.2019 TO 22.02.2020 BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT, KOTTAYAM.

EXHIBIT P5 TRUE COPY OF EA NO.1/2020 IN EP NO.61/2018 IN OS NO.8/2019 BEFORE THE HON'BLE MUNSIFFS COURT VAIKOM DATED 13.02.2020.

EXHIBIT P6 TRUE COPY OF OBJECTION OF THE PETITIONERS TO EP NO.61/2018 IN OS NO.8/2019 BEFORE THE HON'BLE MUNSIFFS COURT, VAIKOM DATED 25.02.2019.

EXHIBIT P7 TRUE COPY OF THE IA NO.1 OF 2020 IN AS NO.91 OF 2010 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-IV, KOTTAYAM DATED 23.10.2020.

EXHIBIT P8 TRUE COPY OF THE IA NO.2 OF 2020 IN AS NO.91 OF 2010 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-IV, KOTTAYAM DATED 23.10.2020.

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