Maryjuminal vs Unknown
2021 Latest Caselaw 9530 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                    OP(C).No.664 OF 2021

    FOR SPEEDY DISPOSAL OF EP 334/2011 IN OS 40/1974 OF
                 MUNSIFF'S COURT, PALAKKAD


PETITIONERS/DECREE HOLDERS 4 TO 6:

      1     MARYJUMINAL
            D/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014.

      2     FRANCIS,
            S/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014

      3     MARTIN ANTHONIRAJ,
            AGED 54 YEARS
            S/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014.

            BY ADVS.
            SRI.B.PREMNATH (E)
            SHRI.SARATH M.S.

RESPONDENTS/JUDGMENT DEBTORS 1, 2 & 3 AND DECREE HOLDERS 1
TO 3:

      1     LOUIS MARY
            W/O. LATE MICHEAL RAJ, RESIDING AT PAMPAMPALLAM,
            PUDUSSERY P.O, PALAKKAD, PIN-678 103
 O.P.(C)No.664 of 2021

                           :-2-:

      2     ANTHONY PAVIL RAJ,
            S/O. MICHEAL RAJ, RESIDING AT PAMPAMPALLAM,
            PUDUSSERY P.O, PALAKKAD, PIN-678 103

      3     JOSEPH AMAL RAJ,
            S/O. LATE MICHEAL RAJ, RESIDING AT PAMPAMPALLAM,
            PUDUSSERY P.O, PALAKKAD, PIN-678 103

      4     RAJAMANIKKAM AMMAL,
            W/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014

      5     PAVAL,
            S/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMAPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014

      6     ANTHONIYAMMAL,
            D/O. SELVAMUTHU, RESIDING AT MANGALATHANCHALLA,
            PAMPAMPALLAM, PUTHUSSERY, PALAKKAD TALUK,
            PALAKKAD DISTRICT-678 014


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.664 of 2021

                                  :-3-:

          Dated this the 22nd day of March, 2021


                          J U D G M E N T

The decree holders 4 to 6 in E.P.No.334/2011 in

O.S.No.40/1974 on the file of Munsiff's Court,

Palakkad, seeks a direction to be issued to the

court below for expeditious disposal of the

execution proceedings within a time frame to be

fixed by this Court.

2. A report was obtained from the court below

in this respect and it is submitted that execution

proceedings could be disposed of finally within a

period of two months. The submission made by the

learned Officer is accepted.

In the result, original petition is allowed

calling upon the court below to dispose of

E.P.No.334/2011 within a period of two months from

the date of production of certified copy of this

judgment.

O.P.(C)No.664 of 2021

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All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.664 of 2021

:-5-:

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF E.P. NO. 334/2011 IN O.S.

NO. 40/1974 DATED 29.06.2011 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD.

EXHIBIT P2 TRUE COPY OF JUDGMENT IN EXECUTION SECOND APPEAL NO. 4/2017 DATED 11.2.2020 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE ORDER IN OP(C) NO.

281/2020 DATED 11.2.2020 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE E.A. NO. 99/2020 IN E.A. NO. 334/2011 IN O.S.NO.40/1974 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD DATED 17.3.2020.

EXHIBIT P5 TRUE COPY OF THE COUNTER TO E.A. NO.

99/2020 IN E.P. NO. 334/2021 IN O.S. NO. 40/1974 DATED 25.5.2020 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD.