Kerala High Court
M.K.Sreenivasan vs Dr. K.P.Sreedharan on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
OP(C) NO. 82 OF 2022
AGAINST THE ORDER/JUDGMENT IN EP 41/2021 IN OS 501/2019
OF PRINCIPAL MUNSIFF COURT KOZHIKODE-I
PETITIONER/DEFENDANT/JUDGMENT DEBTOR:
M.K.SREENIVASAN, AGED 65 YEARS,
S/O.RAMAN NAMBIAR, MELE KARAPARAMBATH, POOLAKKOD
AMSOM,
KOZHIMANNA DESOM, KOZHIKODE TALUK,
CHATHAMANGALAM P.O,
KOZHIKODE DISTRICT, PIN-673 601.
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
RESPONDENT/DEFENDANT/DECREE HOLDER:
DR. K.P.SREEDHARAN, AGED 70 YEARS,
S/O.KELU, 'ANJALI', NANMINDA AMSOM AND DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673
613.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.82 of 2022
2
JUDGMENT
This Original Petition has been filed
under Article 227 of the Constitution of India
seeking early disposal of I.A.Nos.1 and 2 of
2021 in O.S.No.501/2019, pending before the
Munsiff Court-I, Kozhikode.
2. Ext.P5 is the Execution Petition filed
by the decree holder after securing exparte
decree dated 30.01.2021. The further prayer is
to stay the execution of the decree till the
disposal of the I.A.Nos.1 and 2 of 2021 in
O.S.No.501/2019.
3. Heard the learned counsel for the
petitioner.
4. The petitioner is a person in
occupation of the building as per a licence,
according to the plaintiff in the Suit.
I.A.Nos.1 and 2 of 2021 in O.S.No.501/2019
O.P.(C).No.82 of 2022
were filed when the Execution Petition was
filed. Therefore, there is reason to doubt
dilatory tactics in this case, to avoid
immediate parting of occupation.
5. However, in the interest of justice, I
am inclined to allow the Original Petition as
follows:
There shall be a direction to the learned
Munsiff, Kozhikode to try and dispose of
I.A.Nos.1 and 2 of 2021 in O.S.No.501/2019,
within a period of three months from the date
of receipt of copy of this judgment or its
production by the parties concerned.
Considering the prayer for staying the
execution, there shall be a direction to the
learned Munsiff, Kozhikode to defer the
execution of the decree till the disposal of
the I.A.Nos.1 and 2 of 2021 in O.S.
No.501/2019, subject to a condition that the
petitioner herein, shall deposit or pay
O.P.(C).No.82 of 2022
Rs.10,000/- as cost to the respondent/decree
holder in this case, within a period of 15
days from today. It is made clear that, if the
cost ordered is not paid or deposited as
directed, there shall be no stay in executing
the decree and the Execution Court can proceed
the decree recording failure to pay the cost
as ordered by this Court.
Registry shall forward a copy of this
judgment to the Munsiff Court-I, Kozhikode
within seven days.
Sd/-
A.BADHARUDEEN, JUDGE.
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O.P.(C).No.82 of 2022
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED
30.11.2019 IN O.S.NO.501/2019 OF THE
MUNSIFF'S COURT, KOZHIKODE-I(P).
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 17.4.2021 ISSUED BY
DR.U.C.ABDULLA, GOVERNMENT AYURVEDA
HOSPITAL, KALPETTA.
EXHIBIT P3 TRUE COPY OF THE PETITION DATED
22.6.2021 IN I.A.NO.2/2021 IN O.S.
NO.501/2019 OF THE MUNSIFF'S COURT,
KOZHIKODE-I(P).
EXHIBIT P4 TRUE COPY OF THE PETITION DATED
22.6.2021 IN I.A.NO.1/2021 IN O.S.
NO.501/2019 OF THE MUNSIFF'S COURT,
KOZHIKODE-I(P).
EXHIBIT P5 TRUE COPY OF THE EXECUTION PETITION
DATED 4.3.2021 IN E.P.NO.41/2021 IN
O.S.NO.501/2019 OF THE MUNSIFF'S
COURT, KOZHIKODE-I(P).
EXHIBIT P6 TRUE COPY OF THE COUNTER STATEMENT
DATED 12.11.2021 IN E.P.NO.41/2021 IN
O.S.NO.501/2019 OF THE MUNSIFF'S
COURT, KOZHIKODE-I(P).
