Jayaprakash vs Anson Davis
2022 Latest Caselaw 6300 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        OP(C) NO. 868 OF 2022
  IN E.P NO.396 OF 2013 IN O S NO.478 OF 2011 ON THE FILE OF THE
                 ADITIONAL SUB-JUDGE, IRINJALAKKUDA
ORIGINALPETITIONER/DECREE HOLDER/PLAINTIFF:

            JAYAPRAKASH,
            AGED 52 YEARS,
            S/O SANKARAN,
            RESIDING IN THE ADDRESS PERUMPULLY HOUSE,
            KALLUR, MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT , PIN - 680317
            BY ADV G.SREEKUMAR (CHELUR)


RESPONDENTS/JUDGMENT DEBTOR/DEFENDANTS:

    1       ANSON DAVIS,
            AGED 48 YEARS,
            S/O DEVASSY,
            RESIDING IN THE ADDRESS PANANKUDAN HOUSE,
            KALLUR VILLAGE DESOM, MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT , PIN - 680 317
    2       THE SECRETARY,
            KALLUR SERVICE CO-OPERATIVE BANK LTD. ,NO. 227,
            KALLUR P O, THRISSUR DISTRICT , PIN - 680 317
            BY ADV V.BINOY RAM


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.868 of 2022

                             2



                         JUDGMENT

Dated this the 03rd day of June, 2022

The original petition is filed, to direct the

Court of the Additional Subordinate Judge,

Irinjalakkuda, to dispose of E.P.No.396 of 2013 in

O.S.No.478 of 2011 within a time frame.

2. Pursuant to the order dated 25.05.2022,

passed by this Court, the learned Subordinate Judge by

communication dated 02.06.2022, has informed this

Court that the above execution petition can be

disposed of within a period of five months.

3. Heard learned counsel appearing for the

petitioner.

4. In the light of the limited relief that I propose

to pass, I.e., to direct the court below to dispose of the

execution petition within a time frame, I dispense with O.P.(C)No.868 of 2022

notice to the respondents.

5. On a consideration of the pleadings and

materials record and the above communication, in

exercise of the supervisory jurisdiction of this Court as

ensured under Article 227 of the Constitution of India,

I direct the Court of the Additional Subordinate Judge,

Irinjalakkuda, to dispose of E.P. No.396 of 2013 in

O.S.No.478 of 2011, in accordance with law, as

expeditiously as possible, at any rate, within a period

of five months from the date of receipt of a certified

copy of this judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS Judge

NR/03/06/2022 O.P.(C)No.868 of 2022

APPENDIX

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER PASSED IN E A NO. 779

OF 2011 DATED 09.01.2020 ON THE FILE OF THE ADDITIONAL SUB-JUDGE, IRINJALAKKUDA.

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN EXECUTION FIRST APPEAL NO. 1 OF 2020 ON THE FILE OF THIS HON'BLE COURT DATED 09.02.2022.