Leen Roselet Marry vs Santhosh Kumar B
2021 Latest Caselaw 17888 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                      OP(C) NO. 1105 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 174/2015 OF I ADDITIONAL MUNSIFF
             COURT ,NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONER/DECREE HOLDER:

          LEEN ROSELET MARRY
          AGED 57 YEARS
          D/O.ROSAMMA, RESIDING AT S.R.VILLA, MEPPAMCODU,
          THATHIYOOR DESOM, PERUMKADAVILA VILLAGE,
          NEYYATTINKARA TALUK.

          BY ADV R.GOPAN



RESPONDENT/JUDGMENT DEBTOR:

          SANTHOSHKUMAR B.
          AGED 40 YEARS
          S/O.BALAKRISHNAN ASARI, THERUMVILA PUTHEN VEEDU,
          ARAYOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA TALUK,
          MARIYAPURAM P.O., THIRUVANANTHAPURAM - 695 122.

          BY ADVS.


          ANEESH JAMES
          JIJO THOMAS
          M.D.BEENA




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1105 OF 2021

                                 2

                             JUDGMENT

The petitioner is the plaintiff in O.S.No.174 of 2015 of the

First Additional Munsiff's Court, Neyyattinkara. The suit was

decreed vide Ext.P1 allowing the plaintiff to realize the decree

amount with interest and cost. Thereupon, the petitioner filed

E.P.No.131 of 2020. The prayer in this Original Petition is for a

direction to the execution court to dispose the E.P. as

expeditiously as possible.

2. In the report called for by this Court, the learned

Munsiff has stated that the Execution Petition was filed on

18.03.2020 and notice under Order XXI Rule 37 was issued to

the judgment debtor on 01.06.2020. That the case was

subsequently adjourned to various dates and now stands posted

to 03.09.2021 for return of notice. It is also reported that notice

to the judgment debtor is returned unserved stating the reason

"unable to trace address". It is assured that earnest efforts will

be take to dispose the execution petition within a period of six

months from the date of appearance of the judgment debtor.

3. Advocate Aneesh James, learned counsel appearing

for the respondent submits that the judgment debtor will appear

before the Execution Court through counsel and there may be a OP(C) NO. 1105 OF 2021

direction to the court to furnish copies of the Execution Petition

and the documents produced along with it. It is submitted that

stipulation of a time limit by this Court may not preclude the

judgment debtor from raising all contentions available to him.

4. I heard Sri.R.Gopan learned counsel appearing for the

petitioner also.

5. Based on the submissions of the counsel and the

report of the learned Munsiff, the judgment debtor/respondent

is directed to appear before the execution court on 13.09.2021,

through counsel. On such appearance, copy of the execution

petition and the accompanying documents if any, shall be

furnished to the judgment debtor. The court below shall

endeavour to dispose of the execution petition within six months

of appearance of the judgment debtor. The judgment debtor

shall be permitted to raise all his contentions before the

execution court.

The Original Petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE scs OP(C) NO. 1105 OF 2021

APPENDIX OF OP(C) 1105/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE DECREE DATED 14/3/2019 IN O.S.NO.174/2015 OF THE COURT OF THE 1ST ADDITIONAL MUNSIFF, NEYATTINKARA.

Exhibit P2 PHOTOCOPY OF THE E.P.NO.131/2020 IN O.S.NO.174/2015 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.