Ambali Vinod vs Ambali Anand
2022 Latest Caselaw 6802 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       OP(C) NO. 875 OF 2022
  SEEKING FOR AN EXPEDITIOUS DISPOSAL OF EP 115/2018 AND 290/2018
                 OF PRINCIPAL SUB COURT, KOZHIKODE
PETITIONER:

          AMBALI VINOD
          AGED 60 YEARS
          S/O.LATE AMBALI KARTHIKEYAN,
          VILLA NO.15,
          SKY LINE MEDOWS,
          ERANHIPPALAM P.O.,
          KOZHIKKODE TALUK,
          KOZHIKKODE DISTRICT.
          673 006., PIN - 673006

          BY ADVS.
          BINOY VASUDEVAN
          R.MANIKANTAN



RESPONDENT:

          AMBALI ANAND
          AGED 59 YEARS
          S/O.LATE AMBALI KARTHIKEYAN,
          HOUSE NO.1/64,
          AMBALI HOUSE,
          BEACH ROAD,
          WEST HILL P.O.,
          PUDIYANGADI AMSOM AND DESOM,
          KOZHIKKODE TALUK,
          KOZHIKKODE DISTRICT.
          PIN - 673005


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 875 OF 2022             2



              Dated this the 14th day of June, 2022

                            JUDGMENT

The original petition is filed to direct the Court of

Principal Subordinate Judge, Kozhikode to consider and

dispose of E.P.Nos.115/2018 and 290/2018 within a time

frame.

2. Pursuant to the order dated 26.05.2022 passed by

this Court, the learned Principal Subordinate Judge,

Kozhikode has by communication dated 01.06.2022

informed this Court that E.P. No.290/2018 is posted for

delivery of the property allotted to the plaintiff and E.P.

No.115/2018 is posted for delivery of the property

allotted to the petitioner in that E.P. The learned

Subordinate Judge would make every endeavour to

deliver the property after its actual division as per the

decree within a period of four months.

3. Heard, Sri. Binoy Vasudevan, the learned the

counsel appearing for the petitioner.

4. In view of the limited relief that I propose to pass

that is to direct the court below to dispose of the above

execution petitions within a time frame, I dispense with

notice to the respondent.

In the light of the pleadings and materials on record

and the above communication of the learned Subordinate

Judge, in exercise of the supervisory jurisdiction of this

Court under Article 227 of the Constitution of India, I

direct the Court of the Principal Subordinate Judge,

Kozhikode to consider and dispose of E.P Nos. 115/2018

and 290/2018 in accordance with law, as expeditiously as

possible , at any rate, within a period of four months as

stated in the communication dated 01.06.2022.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

rmm15/06/2022

APPENDIX OF OP(C) 875/2022

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF E.P.NO.115/2018 PREFERRED BY THE RESPONDENT ON THE FILE OF THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE.

Exhibit P 2 TRUE COPY OF THE JUDGMENT DATED 27-03-

2018 IN R.F.A.NO.376/2017 BEFORE THIS HON'BLE COURT.

Exhibit P 3 TRUE COPY OF E.P.NO.290/2018 PREFERRED BY THE PETITIONER ON THE FILE OF THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE

Exhibit P 4 TRUE COPY OF THE APPLICATION PREFERRED BY THE RESPONDENT IN E.P.NO.115/2018.