Dileep Kumar vs Dileep Kumar
2021 Latest Caselaw 10565 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       OP(C).No.647 OF 2021

     (IN THE MATTER OF E.A.NO.125/2020 AND E.A.NO.299/2020 IN
    E.P.NO.150/2016 IN O.S.NO.204/2014 OF PRINCIPAL SUB COURT,
                             PALAKKAD)


PETITIONER/1ST RESPONDENT IN E.A.NO.125/2020 AND E.A.NO.299/2020 :

             DILEEP KUMAR, AGED 46 YEARS
             S/O. KARUPPAN, VALIYAPARAMBIL HOUSE, KULIMUTTAM
             DESOM, KULIMUTTAM POST, KODUNGALLUR, THRISSUR
             DISTRICT.

             BY ADVS.
             SRI.RAJESH SIVARAMANKUTTY
             SRI.K.V.ANTONY
             SMT.K.VIJINA
             SRI.ARUL MURALIDHARAN
             SMT.JAEONA JAMES

RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3 E.A.125.20 THIRD
PARTY AND PETITIONERS IN E.A.NO.299/2020 :

      1      NAJUMUNEESA, AGED 45 YEARS
             W/O. BASHEER, 588/B, MEENKARA,
             GOVINDAPURAM P.O, MUTHALAMADA,
             PALAKKAD DISTRICT, PIN - 678 507.

      2      REVATHI APARTMENTS PVT.LTD,
             REPRESENTED BY ITS MANAGING DIRECTOR, V.N,
             RADHAKRISHNAN, NO. 0909247/1995, HOUSE NO. 1126/11,
             NEELIPPARA, MUTHALAMADA AMSOM, CHITTUR TALUK,
             PALAKKAD DISTRICT, PIN - 678 507,

      3      V.N. RADHAKRISHNAN
             S/O. V.C. NARAYANAN, MANAGING DIRECTOR, M/S. REVATHI
             APARTMENTS PVT. LTD, NO. 17/2624,
             SANTHI MADOM, SOUTH NALU VAZHI, PARAVUR VILLAGE,
             PARAVUR TALUK, ERNAKULAM, PIN - 683 513.


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.647 OF 2021


                                              2




                                     JUDGMENT

The decree holder in E.P.No.150/2016 on the file of

Sub Court, Palakkad is the petitioner in this original

petition. He seeks a directon to be issued to the court

below for expeditious disposal of E.A.No.125/2020 as

well as E.A.No.299/2020.

2. E.A.No.125/2020 was filed by the first respondent

herein, who is a stranger to the suit and execution

petition. E.A.No.299/2020 was filed by respondents 2

and 3, who are the judgment debtors.

3. A report was called for from the court below and in

report dated 25.03.2021, the learned officer indicated

that these applications could be taken up and

disposed it of finally within a period of three months

from the date of reopening of court after mid summer

vacation.

4. In the result, this original petition is allowed with a

direction to the court below to take up and dispose OP(C).No.647 OF 2021

of E.A.No.125/2020 and E.A.No.299/2020 within a

period of three months from the date of reopening of

court after mid summer vacation.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/29/03/2021 OP(C).No.647 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 4.3.2020 PASSED BY THIS HON'BLE COURT IN F.A.O NO. 38/2020.

EXHIBIT P2 TRUE COPY OF THE ORDER IN SLP NO.

7534/2020 PASSED BY THE HON'BLE SUPREME COURT.

EXHIBIT P3 TRUE COPY OF THE PETITION AS E.A NO.

125/2020 IN E.A NO. 356/2019 IN EP NO. 150/2016 IN O.S. NO. 204/2014 FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER AND RESPONDENTS 2 AND 3 BEFORE THE PRINCIPAL SUB COURT, PALAKKAD.

EXHIBIT P4 RUE COPY OF THE PETITION AS EA NO.

299/2020 IN EP NO. 150/2016 IN OS NO. 204/2014 FILED BY RESPONDENTS 2 AND 3 AGAINST THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, PALAKKAD.

EXHIBIT P5 TRUE COPY OF THE DETAILED COUNTER FILED BY PETITIONER TO EXHIBITS P3.

EXHIBIT P6 TRUE COPY OF THE DETAILED COUNTER FILED BY PETITIONER TO EXHIBITS P4.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE