Kerala High Court
Arvind Pundalik Tendulkar vs Joseph Lukose on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
OP(C) NO. 1500 OF 2022
IN EP 684/2020 OF I ADDITIONAL SUB COURT,ERNAKULAM
PETITIONER/DECREE HOLDER
ARVIND PUNDALIK TENDULKAR,
AGED 62 YEARS,
B-001,GROUND FLOOR,
SHANTI VAIBHAV CHS LTD.,
PLOT NO.11A, SECTOR 42A,
SEAWOOD, NERUL,
MUMBAI-400706, MAHARASHTRA.
PIN - 400706
BY ADV RAJU K.MATHEWS
RESPONDENT/JUDGMENT DEBTORS:
1 JOSEPH LUKOSE
AGED 63 YEARS
JOSEPH LUKOSE, SON OF THE LATE MR. LUKOSE,
RESIDING AT FLAT NO. 12-C, ALLIANCE RESIDENCY,
MARINE DRIVE, ERNAKULAM DISTRICT, COCHIN - 682 031
KERALA., PIN - 682013
2 MR. BECHARBHAI PATEL
AGED 68 YEARS
MR. BECHARBHAI PATEL, SON OF MR. DHANJIBHAI PATEL,
RESIDING AT SNEHAKUNJ, B- LANE, PLOT NO. 78,
SECTOR 8, VASHI, NAVI MUMBAI - 400 705, DISTRICT
THANE, MAHARASHTRA., PIN - 400705
3 MR. MAGANBHAI PATEL.
AGED 66 YEARS
MR. MAGANBHAI PATEL, SON OF MR. NANABHAI PATEL,
RESIDING AT PLOT NO. 30-A, SHANTI NIKETAN
BUNGALOW, NEAR SWAMI NARAYAN NAGAR, BAWAN (52)
BUNGALOW, PANVEL - 410 206, DISTRICT RAIGAD,
MAHARASHTRA., PIN - 410206
BY SRI. K.V. JAYACHANDRAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.1500/2022
-:2:-
Dated this the 25th day of August,2022
JUDGMENT
The original petition is filed to direct the Court of
the 1st Additional Subordinate Judge, Ernakulam, to
consider and dispose of E.P.No.684/2020 in
O.S.No.208/2018 within a time frame.
2. Pursuant to the order passed by this Court on
16.08.2022, the learned 1st Additional Subordinate
Judge, Ernakulam, by communication dated
23.08.2022, has informed this Court that the judgment
debtors have entered appearance and filed their
objections. They have also filed E.A.No.777/2022, to
direct the decree holder to co-operate with the
judgment debtors to sell the properties, which is the
subject matter of the decree, so as to enable the
judgment debtors to comply with decree. The
application is opposed by the decree holder, who has
filed an objection and the same stands posted on
O.P.(C)No.1500/2022
23.08.2022. The court below would make every
endeavour to dispose of the execution petition within
eight months.
3. Heard; Sri. Raju K.Mathews, the learned
counsel appearing for the petitioner and Sri. K.V.
Jayachandran, the learned counsel appearing for the
respondents.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Subordinate Judge, in exercise of the
supervisory powers of this Court under Article 227 of
the Constitution of India, I direct the Court of the 1 st
Additional Subordinate Judge, Ernakulam, to consider
and dispose of E.P.No.684/2020 in O.S.No.208/2018, as
expeditiously as possible and in accordance with law,
at any rate, within a period of eight months from the
date of receipt of a certified copy of this judgment.
O.P.(C)No.1500/2022
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/25.08.22 //True copy/
P.A.To Judge
O.P.(C)No.1500/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT1 A TRUE COPY OF THE DECREE DATED
30.08.2019 IN OS 208 OF 2018 OF FIRST
ADDITIONAL SUB COURT, ERNAKULAM.
EXHIBIT2 A TRUE COPY OF THE EP 684/2020 IN OS
208 OF 2018 OF FIRST ADDITIONAL SUB
COURT, ERNAKULAM.
EXHIBIT3 A TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENTS.
EXHIBIT4 A TRUE COPY OF THE EA 777/2022 IN EP
684/2020.
EXHIBIT5 A TRUE COPY OF THE COUNTER AFFIDAVIT TO
P4 EA.
RESPONDENTS' EXHIBITS: NIL
