Citation : 2022 Latest Caselaw 9341 Ker
Judgement Date : 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
OP(C) NO. 1366 OF 2022
EP 37/2020 IN OS NO.536 OF 2012 OF PRINCIPAL MUNSIFF COURT,
PALAKKAD
PETITIONER:
M.RAGHUNATHAN
AGED 74 YEARS
S/O. M.P.SIVASANKARAN NAIR, AGED 74, RESIDING AT
SAROJINI SADANAM, A.V.P. ROAD, KANJIKODE, PALAKKAD
DISTRICT - 678 621.
BY ADVS.
P.B.SUBRAMANYAN
P.B.KRISHNAN
SABU GEORGE
MANU VYASAN PETER
MEERA P.
RESPONDENT:
RAGHUPRASAD
AGED 46 YEARS
S/O. N.MADHAVAN NAIR,
RESIDING AT SAROJINI SADANAM, A.V.P. ROAD, KANJIKODE,
PALAKKAD DISTRICT - 678 621., PIN - 678621
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1366 OF 2022 2
Dated this the 10th day of August, 2022
JUDGMENT
The original petition is filed to direct the Court of
the Principal Munsiff, Palakkad, to consider and dispose
of E.P.No.37/2020, within a time frame.
2. Pursuant to the order dated 29.07.2022 passed by
this Court, the learned Principal Munsiff, Palakkad, by
communication dated 02.08.2022, has informed this
Court that on 29.03.2022, the Execution Petition was
posted for objection and hearing in E.A. No.97/2022.
The court below would dispose of the Execution Petition
within three months.
3. Heard; Sri. P.B. Krishnan, the learned the
counsel appearing for the petitioner. Even though notice
has been served on the learned counsel appearing for the
respondent before the court below, there is no
appearance for him.
4. In the light of the pleadings and materials on
record, and after perusing the communication of the
learned Principal Munsiff, in exercise of the supervisory
powers of this Court under Article 227 of the Constitution
of India, I direct the Court of the Principal Munsiff,
Palakkad, to consider and dispose of E.P.No.37/2020, in
accordance with law, as expeditiously as possible, at any
rate, within a period of three months from the date of
receipt of a certified copy of the judgment.
The original petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm10/08/2022
APPENDIX OF OP(C) 1366/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN R.P.NO.594 OF 2021 IN R.S.A.NO.686 OF 2016 AND CROSS OBJECTION NO.117 OF 2016, DATED 19-11-2021
Exhibit P2 TRUE COPY OF E.P.NO.37 OF 2020 IN O.S.NO.536 OF 2012 ON THE FILE OF THE PRL. MUNSIFF'S COURT, PALAKKAD, DATED 31- 1-2020
Exhibit P3 TRUE COPY OF E.A.NO.97 OF 2022 IN E.P.NO.37 OF 2020 IN O.S.NO.536 OF 2012 ON THE FILE OF THE PRL.MUNSIFF'S COURT, PALAKKAD, DATED 26-3-2022
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