C.Balachandran Nair vs C.Balachandran Nair
2021 Latest Caselaw 10891 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943

                    OP(C).No.672 OF 2021

 EA 875/1981 IN O.S.NO.56/1102-M.E. OF ADDITIONAL SUB COURT,
                           KOLLAM


PETITIONER/ADDL.5TH RESPONDENT IN E.A.:

            C.BALACHANDRAN NAIR
            AGED 65 YEARS
            S/O.LATE CHANDRASEKHARAN NAIR, KARTHIKA, PARUR,
            PUNNAPRA NORTH, ALAPPUZHA DISTRICT, PIN-688004.

            BY ADVS.
            SRI.R.BINDU (SASTHAMANGALAM)
            SRI.PRASANTH M.P

RESPONDENTS/ADDL.3RD CLAIMAINT & OFFICIAL RECEIVER:

      1     NALINA.B.NAIR
            NALINA SADANAM, POOTHAKKULAM CHERRY,
            POOTHAKKULAM VILLAGE, POOTHAKKULAM (P.O), KOLLAM
            DISTRICT, PIN-689001.

      2     THE OFFICIAL RECEIVER,
            OFFICE OF THE OFFICIAL RECEIVER, CIVIL STATION,
            KOLLAM, PIN-689001.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.672 of 2021

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            Dated this the 31st day of March, 2021


                          J U D G M E N T

The petitioner in this original petition is the

additional fifth respondent in E.A.No.875/1981 in

O.S.No.56/1102-M.E. pending before the Additional

Sub Court, Kollam.

2. This original petition is filed for an

issue of direction of the court below for an early

disposal of E.A.No.875/1981 within a time frame to

be fixed by this court.

3. A report was called for from the court

below and in the report dated 23.3.2021, the court

below has submitted that the matter could be taken

up and disposed of within a period of five months

from the date of reopening of the court after

summer vacation.

4. I heard the learned counsel for the

petitioner.

O.P.(C)No.672 of 2021

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5. Having regard to the submission made

canvassing an early disposal, I am of the opinion

that strict direction shall be issued to the court

below for early disposal of E.A.No.875/1981.

In the result, the original petition is allowed

calling upon the court below to dispose of

E.A.No.875/1981 within a period of five months from

17.5.2021, the date on which the court reopens

after mid summer vacation.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.672 of 2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN OP(CIVIL)NO.3229/2016 DATED 31.01.2019.

EXHIBIT P2 TRUE COPY OF THE B.DAIRY.

EXHIBIT P3 TRUE COPY OF THE PETITION IN EA 26/21 IN EA 875/81 DATED 20.01.2021.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 05.02.2021.

EXHIBIT P5 TRUE COPY OF THE APPLICATION IN EA 76/21 IN EA 875/81 DATED 08.02.2021.