Kulathu Iyer S.S vs E.A. Jayakumar @Jayan ...
2021 Latest Caselaw 13554 Ker

OP(C) No.1706/2020                                   1/3


                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                            THE HONOURABLE MRS. JUSTICE SHIRCY V.
                     THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                                     OP(C) NO. 1706 OF 2020

E.P.No:6/2020 in OS 166/2013 OF PRINCIPAL SUB COURT,NORTH PARAVUR, ERNAKULAM


  PETITIONER/DECREE HOLDER/PLAINTIFF

      1. KULATHU IYER S.S AGED 86 YEARS S/O. LATE S.S.M. SUBBISH IYER, SUDHARMA,
          14/252, NEAR VARMA CLINIC, TRIPUNITHURA.

        BY ADVS.SINDHU SANTHALINGAM,SRI.A.D.SHAJAN,

  RESPONDENT/ JUDGMENT DEBTOR/DEFENDANT


      1. E.A. JAYAKUMAR @JAYAN PUTHENPURACKAL S/O. AYYAPPAN PILLAI, VISHNU
          VIHAR, PLOT NO. 209, THEEN MOORTHY NAGAR, PONEKARA, EDAPPALLY-682
          024


           This Original Petition (Civil) having come up for orders on 01.07.2021, upon perusing the

         petition, letter dated 18/06/2021 received from the Principal Sub Judge North Paravur and

         this courts judgment dated 24/11/2020, the court on the same day passed the following
 OP(C) No.1706/2020                             2/3




                                    SHIRCY V., J
                     ---------------------------------------------
                              OP(C).No.1706 of 2020
                 ------------------------------------------------------
                          Dated this the 1st day of July, 2021

                                         ORDER

Heard the learned counsel for the petitioner.

As per the judgment dated 24.11.2020 in OP(C).No.1706 of

2020 this Court has directed the learned Additional Sub Judge to

dispose of E.P.No.6/2020 in O.S.No.166/2013 within a period of six

months from the date of receipt of a copy of the judgment.

2. But now the learned Principal Sub Judge has reported

through a letter dated 18.06.2021 that this case could not be

disposed of due to the lock down declared by the State Government

as well the restrictions imposed in connection with Covid-19

Pandemic. Hence, six months further time has been sought for.

3. The learned counsel for the petitioner has submitted that

six months time need not be required as the E.P stands posted for

sale of the decree schedule property in the month of May 2021

itself.

Hence, considering the entire facts involved in this case as

well the fact that property was put for sale after completing all the OP(C) No.1706/2020 3/3

OP(C) No.1706/2020

formalities, six months time is not required as sought for by the

learned Principal Sub Judge. But it is quite reasonable to grant

three months time for disposal of the above referred E.P.

Therefore, the learned Principal Sub Judge shall dispose of

E.P.No.6/2020 in O.S.No.166/2013 within a period of three months

from the date of receipt of a copy of this order.

Sd/-

SHIRCY V.

JUDGE mpm

01-07-2021 /True Copy/ Assistant Registrar