Kerala High Court
V.R.Madhusoodhanan Nair vs Preetha Kumari on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
OP(C).No.242 OF 2021
IN E.P.NO.375/2020 IN O.S.NO.853/2011 OF THE ADDITIONAL
MUNSIFF-III, NEYYATTINKARA
PETITIONER/PETITIONER/PLAINTIFF:
V.R.MADHUSOODHANAN NAIR,
AGED 61 YEARS,
S/O.VELAYUDHAN NAIR,SAPHALYA,NEDIYAMKODE,
PARASUVAIKKAL DESOM,PARASUVAIKKAL VILLAGE,
NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT-
695121.
BY ADV. SRI.S.SUJIN
RESPONDENTS/ RESPONDENTS/ DEFENDANTS:
1 PREETHA KUMARI,
D/O.INDIRA DEVI,M.J.NIVAS,PALLICHAL DESOM,
PALLICHAL VILLAGE,NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT,PIN-695121.
2 ADHITHYA,
AGED 18 YEARS,
D/O.PREETHA KUMARI,M.J.NIVAS,
PALLICHAL DESOM,PALLICHAL VILLAGE,
NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT,
PIN-695121.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.242/2021
-:2:-
Dated this the 16th day of March,2021
J U D G M E N T
The decree holder in E.P.No.375/2020 in
O.S.No.853/2011 on the file of Additional Munsiff
Court-II, Neyyattinkara, seeks a direction to be
issued to the court below for early disposal of
the matter within a time schedule fixed by this
Court.
2. A report was called for from the learned
Munsiff. In the report dated 12.03.2021, it is
submitted that the execution petition filed before
Additional Munsiff Court-II, Neyyattinkara was
transferred to Additional Munsiff Court-III,
Neyyattinkara and the Additional Munsiff-I is in
charge of Additional Munsiff Court-II,
Neyyattinkara.
3. The learned Munsiff submits that there is
no order issued by the Hon'ble High Court for
conducting regular sitting and therefore, she may
not be able to take up and finally dispose of the
matter at an early date. She has sought for a
period of 10 months for finally disposing of
Ext.P2[E.P.No.375/2020 in O.S.No.853/2011].
4. When the contents of the report were put
O.P.(C)No.242/2021
to learned counsel for the petitioner, he
submitted that an application for issue of
Advocate Commissioner was filed in the E.P. for
the purpose of identifying the property in
question and the same may be ordered to be taken
up and disposed of at an early date.
5. The submission made by the learned
counsel for the petitioner is just and reasonable.
In the result, original petition is disposed
of calling upon the Additional Munsiff-I in charge
of Additional Munsiff-II, Neyyattinkara to take up
the commission application filed by the decree
holder in E.P.No.375/2020 in O.S.No.853/2011 and
dispose it of within a period of one month from
the date of production of certified copy of this
judgment, in accordance with law after hearing the
parties.
All pending interlocutory applications will
stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
O.P.(C)No.242/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
20.8.2013 IN O.S.NO.853/2011 ON THE
FILES OF THE COURT OF THE ADDITIONAL
MUNSIFF-II,NEYYATTINAKARA.
EXHIBIT P2 TRUE COPY OF E.P. NO.375/2020 IN
O.S.NO.853/2011 ON THE FILES OF THE
COURT OF THE ADDITIONAL MUNSIFF-
II,NEYYATTINKARA.
RESPONDENTS' EXHIBITS: NIL
