Helen Vincent vs Asokan
2021 Latest Caselaw 10573 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.589 OF 2021

 (E.A.NO.105/2021 IN E.P.NO.101/2018 IN OS 106/2012 OF PRINCIPAL
                        SUB COURT,KOLLAM


PETITIONER/OBSTRUCTION PETITIONER/2ND DEFENDANT:

             HELEN VINCENT, AGED 54 YEARS
             W/O. VINCENT ALFRED, RESIDING AT BENSON HOUSE,
             MUNDAKKAL MIDDLE WARD, HOUSE NO. XII/1150/60 A, NEAR
             THILLERI CHURCH, KOLLAM-691 001

             BY ADV. SRI.S.SREEKUMAR (KOLLAM)

RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR/1ST DEFENDANT:

      1      ASOKAN, AGED 71 YEARS
             S/O. DHARMAPALAN, RESIDING AT APSARA,
             UDAYMARTHANDAPURAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM-
             691 010.

      2      VINCENT ALFRED, AGED 60 YEARS, S/O. ALFRED, RESIDING
             AT BENSON HOUSE, MUNDAKKAL MIDDLE WARD, HOUSE NO.
             XII/1150/60A, NEAR THILLERI CHURCH, KOLLAM-691 001

             R1 BY ADV. SRI.A.JANI(KOLLAM)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.589 OF 2021

                                           2




                                  JUDGMENT

This original petition is filed by the petitioner in Ext.P4

E.A.No.105/2021, which is an obstruction petition and

she seeks for an expeditious disposal of the same within

a time frame to be fixed by this Court.

2. I heard the obstruction petitioner as well as the

respondent-decree holder.

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

report dated 25.03.2021 the execution court has

undertaken to dispose of the suit within a period of one

month from the date of reopening of court after mid

summer vacation.

4. The learned counsel for the petitioner submits that his

party would be in a position to discharge her entire

liability within a period of three months from today.

5. The aforesaid submission made by the petitioner is

recorded.

OP(C).No.589 OF 2021

6. In the result, this original petition is disposed of, with

a direction to the court below to dispose of Ext.P4

application (i.e., E.A.No.105/2021 in E.P.No.101/2018 in

O.S.No.106/2012) within a period of three months as

undertaken by the court below.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/29/03/2021 OP(C).No.589 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S. NO.

106/12 OF THE SUBORDINATE JUDGE COURT, KOLLAM.

EXHIBIT P2 THE TRUE COPY OF THE EXECUTION PETITION IN E.P. NO. 101/2018 IN O.S.NO. 106/2012 OF THE SUB COURT, KOLLAM.

EXHIBIT P3 THE TRUE COPY OF THE DRAFT FOR AUCTION OF THE HALF SHARE OF THE 2ND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE E.A. NO. 105/2021 FILED BY PETITIONER.

RESPONDENTS EXHIBITS :    NIL



                                        TRUE COPY   P.A.TO JUDGE