Kerala High Court
Prasannakumari vs State Of Kerala Represented By The ... on 7 July, 2022
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OP (C)No. 635 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(C) NO. 635 OF 2022
TO DISPOSE OF EP 702/2012 OF II ADDITIONAL SUB
COURT,TRIVANDRUM
PETITIONER/S:
PRASANNAKUMARI
AGED 65 YEARS
W/O LATE MOHANAN, THOPPIL SREE NILAYAM, T.C. NO.
79/2728, VANCHIYOOR, TRIVANDRUM DISTRICT. PIN:
695 035,
BY ADVS.
RINU. S. ASWAN
S.SUDHEESH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT
COLLECTOR,OFFICE OF THE DISTRICT COLLECTOR, CIVIL
STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. PIN:
695043.,
2 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA)
REPRESENTED BY ITS SECRETARY
JAYA MANSION, VAZHUTHACAUD, SASTHAMANGALAM P. O,
THIRUVANANTHAPURAM PIN: 695010.,
3 ARYA MOHANAN
AGED 39 YEARS
D/O. MOHANAN, THOPPIL SREE NILAYAM, VANCHIYOOR,
TRIVANDRUM DISTRICT. PIN: 695 035.,
4 AKSHAY MOHAN
AGED 32 YEARS
S/O. MOHANAN, THOPPIL SREE NILAYAM, VANCHIYOOR,
TRIVANDRUM DISTRICT. PIN: 695 035., PIN - 695035
BY SMT.SHYLAJA, GOVERNMENT PLEADER - R1 AND R2
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (C)No. 635 of 2022
C.S DIAS,J.
---------------------------
OP (C)No. 635 of 2022
-----------------------------
Dated this the 7th day of July, 2022.
JUDGMENT
The original petition is filed to direct the Court of the
Additional Subordinate Judge-II, Thiruvananthapuram
to consider and dispose of EP No.702/2012 (Ext P3),
within a time frame.
2. Pursuant to the order dated 9.6.2022 passed by
this Court, the learned Additional Subordinate Judge-II,
Thiruvananthapuram, by communication dated
23.6.2022, has informed this Court that the above
execution petition can be disposed of preferably within
a period of five months.
3. Heard; Sri.Rinu S. Aswan, the learned counsel
appearing for the petitioner and the learned
Government Pleader appearing for the respondents 1
and 2.
OP (C)No. 635 of 2022
4. In the light of the pleadings and materials on
record, especially taking note of the fact that the
marriage of the petitioner's daughter is fixed in
September 2022 and the execution petition is pending
for the last ten years, I am of the view that the
execution petition requires an out of turn consideration.
In the result, in exercise of the supervisory
jurisdiction of this Court under Article 227 of the
Constitution of India, I direct the Court of the
Additional Subordinate Judge-II, Thiruvananthapuram,
to consider and dispose of E.P No.702/2012, in
accordance with law, as expeditiously as possible, at
any rate, on or before 31.8.2022.
The original petition is ordered accordingly.
sd/-
sks/7.07.2022 C.S.DIAS, JUDGE
OP (C)No. 635 of 2022
APPENDIX OF OP(C) 635/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT ALONG WITH A
STATEMENT PASSED IN L.A.R NO. 210 OF
2009 ON THE FILES OF THE 2ND ADDL. SUB
COURT, THIRUVANANTHAPURAM DATED
22.12.2011
Exhibit P2 A TRUE COPY OF THE DECREE IN L.A.R NO.
210 OF 2009 ON THE FILES OF THE 2ND
ADDL. SUB COURT, THIRUVANANTHAPURAM
DATED 22.12.2011
Exhibit P3 A TRUE COPY OF THE E.P NO. 702 OF 2012
IN L.A.R 210 OF 2009 ON THE FILES OF THE
HON'BLE 2ND ADDL. SUB COURT,
THIRUVANANTHAPURAM DATED 22.09.2012
Exhibit P4 A TRUE COPY OF THE E.A NO. 232 OF 2021
IN E.P NO. 702/12 IN L.A.R NO. 210 OF
2009 ON THE FILES OF THE HON'BLE 2ND
ADDL. SUB COURT, THIRUVANANTHAPURAM
DATED NIL
Exhibit P5 A TRUE COPY OF THE STATEMENT OF ACCOUNTS
OF 2012 IN L.A.R NO. 210 OF 2009 DATED
15.01.2021
Exhibit P6 A TRUE COPY OF THE CASE DETAILS AND
JUDGMENT IN O.P (CIVIL) NO. 1055 OF 2020
ON THE FILES OF THIS HON'BLE COURT DATED
16.12.2020
