Kuriachan vs Sibi
2021 Latest Caselaw 9994 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       OP(C).No.194 OF 2021

 SEEKING SPEEDY TRIAL IN EP NO.13/2020 IN OS 530/2010 OF MUNSIFF
                 MAGISTRATE COURT, KOTHAMANGALAM


PETITIONER/DECREE HOLDER:

             KURIACHAN, AGED 74 YEARS
             S/O.JOSEPH, POTHANIKKATTU HOUSE,
             ANGADI KARA, KOTHAMANGALAM.

             BY ADVS.
             SRI.PEEYUS A.KOTTAM
             SHRI.KASHYAP.P

RESPONDENT/JUDGMENT DEBTOR:

             SIBI, AGED 55 YEARS
             S/O.SCARIA, AMPAZHAPPUMKUDI HOUSE,
             RAMALLOOR KARA, KOTHAMANGALAM VILLAGE,
             KOTHAMANGALAM TALUK - 686 691.

             R1 BY ADV. SRI.ALEXANDER JOSEPH
             R1 BY ADV. SMT.AKHILASREE BHASKARAN

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.194 OF 2021

                                                 2




                                            JUDGMENT

This original petition is filed by the petitioner-decree holder

in E.P.No.13/2020 in O.S.No.530/2010 seeking a direction to

the Munsiff Court, Kothamangalam to take up the matter and

pass necessary orders in accordance with law within a time

frame to be fixed by this Court.

2. The respondent/judgment debtor appeared in this matter and

submitted that when an obstruction petition filed by a third

party is pending consideration, direction for speedy disposal

may not be given without hearing the obstruction petitioner

also, who is not yet made a party to the proceeding.

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

dated 22.03.2021 the court below has indicated that

E.A.No.8/2021 was filed by an obstructionist and the same is

pending consideration. According to the court below, the

matter cannot be proceeded without pleadings of the

petitioner/decree holder being complete. It is further stated

that the entire matter including consideration of

E.A.No.8/2021 could be finally disposed of within a period of

six months.

4. In the result, the original petition is disposed of, calling upon OP(C).No.194 OF 2021

the court below to expedite E.A.No.8/2021 and also

E.P.No.13/2020 in O.S.No.530/2010 and dispose it of within

a period of six months from the date of receipt of a certified

copy of this judgment.

5. It is directed that the petitioner/decree holder and the

obstruction petitioner shall co-operate with the court below

for early disposal of the matter.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/24/03/2021 OP(C).No.194 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

      EXHIBIT P1         TRUE COPY OF EXECUTION PROCEEDINGS
                         FILED BY THE PETITIONER BEFORE THE
                         MUNSIFF    COURT,   KOTHAMANGALAM AS
                         E.P.13/2020 IN O.S.NO.530/2010.

      EXHIBIT P2         TRUE   COPY   OF   THE    JUDGMENT      IN

R.S.A.808/2019 DATED 19/02/2020.

EXHIBIT P3 TRUE COPY OF THE PROCEEDING SHEET IN E.P.13/2020.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE