Abdul Latheef vs Jalal
2021 Latest Caselaw 19887 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                         OP(C) NO. 1282 OF 2021
     AGAINST THE ORDER/JUDGMENT IN OS 179/2016 OF PRINCIPAL SUB
                     COURT,NORTH PARAVUR, ERNAKULAM
PETITIONER/S:

           ABDUL LATHEEF
           AGED 61 YEARS
           S/O. ABDULLA, AZHEEKKKAKATH, THOTTKKATTUKARA, ALUVA WEST,
           ERNAKULAM-683 108

           BY ADVS.
           ZAKEER HUSSAIN
           K.A.SANJEETHA



RESPONDENT/S:

           JALAL
           AGED 63 YEARS
           S/O. MUHAMMED, PATTANAMKARA, VADAKKEKARA-683 522

           BY ADV P.M.ABDUL JALEEL (KODUNGALLUR)




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1282 OF 2021
                                2



                           JUDGMENT

Dated this the 23rd day of September, 2021

The prayer in this original petition is for expeditious

disposal of EP No.23 of 2019 in OS No. 179 of 2016 on the

files of the Principal Sub Court, North Paravur. In the report

called for by this Court the learned Sub Judge has stated

that, considering the present stage of E.P No.23 of 2019 and

the pandemic situation, a period of four months from

31.08.2021 would be required to dispose the matter.

2. The respondent has filed counter affidavit stating

that the respondent is willing to pay the decree amount in

installments of Rs.50,000/- per mensem. Learned counsel

for the petitioner submitted that the proposal is not

acceptable to the petitioner. In any event, such matters are

to be sorted out before the execution court. OP(C) NO. 1282 OF 2021

Having heard the learned counsel for the parties and

having perused the report, the original petition is disposed

of directing the learned Sub Judge to dispose E.P No.23 of

2019 in OS No. 179 of 2016, within an outer limit of four

months from the date of receipt of a copy of this judgment.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1282 OF 2021

APPENDIX OF OP(C) 1282/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JOINT COMPROMISE PETITION DATED 28.09.20217 FILED IN OS NO.179 OF 2016

Exhibit P2 TRUE COPY OF THE AWARD DATED 28.09.2017 PASSED BY THE LOK ADALATH, NORTH PARAVUR

Exhibit P3 TRUE COPY OF THE E.P.NO.23 OF 2019 IN OS NO.179 OF 2016

Exhibit R(a) TRUE COPY OF COUNTER FILED BY THE RESPONDENT-

JUDGMENT DEBTOR BEFORE PRINCIPAL SUB COURT, PARAVUR IN EP 22/2019 IN O.S NO.179/2006