Vadanappally Sankaramangalam ... vs Madhavi
2022 Latest Caselaw 8222 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                   OP(C) NO. 1161 OF 2022
        SEEKING EARLY DISPOSAL OF E.P.NO.874/2011 IN
        O.S.NO.587/2005 OF MUNSIFF COURT, CHAVAKKAD
PETITIONER/DECREE HOLDER :

          VADANAPPALLY SANKARAMANGALAM
          DEVASWOM TRUSTEE BOARD
          REPRESENTED BY ITS CHAIRMAN,
          MADHUSOODANAN, AGED 69 YEARS,
          S/O. BALAKRISHNAN NAIR,
          PALLIANE, VADANAPPALLY DESOM,
          CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 680614
          BY ADVS.
          N.ASHOK KUMAR
          A.SINDHULAKSHMY
          JEEMON P.ABRAHAM


RESPONDENTS/OBSTRUCTION PETITIONER/JUDGMENT DEBTORS &
CLAIM-PETITIONER :

    1     MADHAVI,
          AGED 89 YEARS,
          W/O.KUNJATHAN BHASKARAN,
          VADANAPPALLY DESOM,
          VADANAPPALLY P.O.,
          CHAVAKKAD TALUK,
          THRISSUR DISTRICT,
          PIN - 680614
    2     BABU,
          AGED 57 YEARS,
          S/O. KUNJATHAN BHASKARAN,
          VADANAPPALLY DESOM,
          VADANAPPALLY P.O., CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 680614
 O.P.(C)No.1161 of 2022
                                       ..2..




     3          VINAYAN,
                AGED 55 YEARS
                S/O. KUNJATHAN BHASKARAN,
                VADANAPPALLY DESOM,
                VADANAPPALLY P.O.,
                CHAVAKKAD TALUK,
                THRISSUR DISTRICT,
                PIN - 680614

         THIS    OP   (CIVIL)    HAVING        COME   UP    FOR    ADMISSION    ON
01.07.2022,        THE   COURT    ON   THE       SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C)No.1161 of 2022
                                     ..3..




                     O.P.(C)No.1161 of 2022
          ----------------------------------------------


                            JUDGMENT

This original petition has been filed under

Article 227 of the Constitution of India by the decree

holder in E.P.No.874 of 2011 in O.S.No.587 of 2005 on the

file of the Munsiff Court, Chavakkad seeking early

disposal of the same on the ground that the Execution

Court is not inclined to dispose of the same.

2. In view of the short prayer, notice to the

other side is dispensed with.

In the result, this original petition is allowed.

Therefore, there shall be a direction to the learned Munsiff

to consider and dispose of E.P.No.874 of 2011 in

O.S.No.587 of 2005 on the file of the Munsiff Court,

Chavakkad at the earliest, at any rate, within a period of O.P.(C)No.1161 of 2022 ..4..

two months from the date of production or receipt of a

copy of this judgment.

Registry is directed to forward a copy of this

judgment to the learned Munsiff Court, Chavakkad within

seven days for information and compliance.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.1161 of 2022 ..5..

APPENDIX OF OP(C) 1161/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DECREE DATED 08/08/2011 IN O.S.NO.587/2005 OF THE MUNSIFF COURT, CHAVAKKAD Exhibit P2 A TRUE COPY OF THE ORDER DATED 05/01/2019 IN E.A. NO. 1417/2018 IN E.P. NO. 874/2011 IN O.S. NO. 587/2005 OF THE MUNSIFF COURT, CHAVAKKAD Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 01/03/2021 IN EX.S.A. NO. 3/2021 OF THIS HON'BLE COURT Exhibit P4 A TRUE COPY OF THE ORDER DATED 08/04/2021 IN I.A. NO. 3/2021 IN EX.S.A. NO. 3/2021 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE CLAIM PETITION AS E.A.NO. 696/2021 IN E.P. NO. 874/2011 IN O.S. NO. 587/2005 OF THE MUNSIFF COURT, CHAVAKKAD Exhibit P6 A TRUE COPY OF THE OBJECTION DATED 03/12/2021 IN E.A. NO. 696/2021 IN E.P. NO. 874/2011 IN O.S. NO. 587/2005 OF THE MUNSIFF COURT, CHAVAKKAD Exhibit P7 A TRUE COPY OF THE PETITION NUMBERED AS E.A. NO. 311/2022 IN E.P. NO. 874/2011 IN O.S. NO. 587/2005 OF THE MUNSIFF COURT, CHAVAKKAD FILED BY THE PETITIONER HEREIN Exhibit P8 A TRUE COPY OF THE PROCEEDING IN E.P.

NO. 874/2011 IN O.S. NO. 587/2005 OF THE MUNSIFF COURT, CHAVAKKAD FOR THE PERIOD FROM 03/12/2015 TO 24/06/2022 OBTAINED FROM E-COURT SERVICES