Kerala High Court
Sunil Gopalan vs Maria Gorethi on 14 July, 2022
OP(C) NO. 1134 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
OP(C) NO. 1134 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMA 40/2022 OF DISTRICT
COURT & SESSIONS COURT,KOTTAYAM
PETITIONER/S:
SUNIL GOPALAN
AGED 45 YEARS
S/O GOPALAN,
POTTIPPARAMBIL HOUSE,
KUMARAKOM P.O.,
KOTTAYAM DISTRICT., PIN - 686563
BY ADVS.
P.K.PAMALA
SMT.JISHAMOL CLEETUS, CGC
RESPONDENT/S:
1 MARIA GORETHI
AGED 70 YEARS
W/O P.I. ALEXANDER, PURATHECHIRAYIL HOUSE,
KUMARAKOM P.O., KOTTAYAM., PIN - 686563
2 JIMMI ALEXANDER
AGED 44 YEARS
S/O P.I. ALEXANDER, PURATHECHIRAYIL HOUSE,
KUMARAKOM P.O., KOTTAYAM.,
PIN - 686563
3 SALAS ALEXANDER
AGED 38 YEARS
S/O P.I. ALEXANDER, PURATHECHIRAYIL HOUSE,
KUMARAKOM P.O., KOTTAYAM.
PIN - 686563
OP(C) NO. 1134 OF 2022
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BY ADVS.
V.JOHN MANI
JACKSON JOHNY(K/752/2015)
VARGHESE SABU(K/778/2019)
SETHULAKSHMI K.K.(K/623/2017)
DIANA LAURANCE PAUL(K/1634/2020)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1134 OF 2022
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JUDGMENT
The original petition is filed, interalia, to direct
the Court of Additional District Judge - V, Kottayam to
consider and dispose of CMA No.40/2022 within a
time frame and until such time all further
proceedings in E.P.No.105/2020 of the Court of the
Additional Munsiff, Kottayam to be kept in abeyance.
2. Pursuant to the order dated 27.06.2022 passed
by this Court, the learned Additional District Judge -V,
Kottayam, by communication dated 01.07.2022, has
informed this Court that the above appeal has been
made over to the said Court. The respondents have
entered appearance on 08.07.2022. The learned Judge
would dispose of the appeal within ten days from the
date of appearance of the parties.
3. Heard; Smt.P.K.Pamala, the learned counsel
appearing for the petitioner and Sri.John Mani, the
OP(C) NO. 1134 OF 2022
learned counsel appearing for the respondents.
In the light of the pleadings and the materials on
record and after perusing the communication of the
learned District Judge dated 01.07.2022 and in
exercise of the supervisory powers of this Court under
Article 227 of the Constitution of India, I direct the
Court of the District Judge to consider and dispose of
CMA No.40/2022 in accordance with law, as
expeditiously as possible, at any rate on or before
30.07.2022. It is made clear that until orders are
passed in the CMA, all further proceedings in
E.P.No.105/2020 of the Court of the Additional
Munsiff, Kottayam shall be kept in abeyance.
Sd/-
C.S.DIAS, JUDGE
rkc/14.07.2022
OP(C) NO. 1134 OF 2022
APPENDIX OF OP(C) 1134/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT IN O.S.228 OF
2005 DATED 14.06.2007 OF ADDITIONAL
MUNSIFF COURT KOTTAYAM
Exhibit P2 A TRUE COPY OF THE DECREE IN O.S.228 OF
2005 DATED 14.06.2007 OF ADDITIONAL
MUNSIFF COURT KOTTAYAM
Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT OF
KUMARAKOM VILLAGE, KOTTAYAM TALUK ISSUED
IN THE NAME OF THE PETITIONER FOR THE YEAR
2022-2023 DATED 09.05.2022
Exhibit P4 A TRUE COPY OF THE RECENTLY TAKEN
PHOTOGRAPHS OF THE PROTECTION WALL OF THE
SCHEDULE NO.2 BUILDING OF THE PETITIONER
Exhibit P5 A TRUE COPY OF THE I.A 12 OF 2022 IN
O.S.228 OF 2005 OF ADDITIONAL MUNSIFF
COURT KOTTAYAM.
Exhibit P6 A TRUE COPY OF THE ORDER DATED 30.5.2022
OF THE LEARNED ADDITIONAL MUNSIFF COURT
KOTTAYAM IN I.A 12 OF 2022
Exhibit P7 A TRUE COPY OF THE CMA 40 OF 2022 FILED BY
THE PETITIONER BEFORE THE DISTRICT COURT
KOTTAYAM
Exhibit P8 A TRUE COPY OF INTERIM APPLICATION NO., EA
8 OF 2022 IN EXECUTION PETITION EP 105 OF
2020 IN OS 228 OF 2005 TO STAY ALL
EXECUTION PROCEEDINGS FILED BEFORE
ADDITIONAL MUNSIFF COURT KOTTAYAM
