Kerala High Court
Krishna Prabhu vs Lokamaleshwaram Service ... on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
OP(C) NO. 1788 OF 2022
ARISING OUT OF C.M.A NO.41/2021 ON THE FILE OF THE SUB COURT,
IRINJALAKUDA
PETITIONER/APPELLANT:
KRISHNA PRABHU,
AGED 61 YEARS,
S/O ANANTHA PRABHU,
KALAPPURA KOVILAKAM HOUSE,
LOKAMALESHWARAM VILLAGE,
LOKAMALESHWARAM DESOM,
KODUNGALLUR TALUK,
THRISSUR DISTRICT,
PIN - 680 664
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
SUKANYA S.
KRIPA KRISHNA
RESPONDENT/RESPONDENT:
LOKAMALESHWARAM SERVICE CO-OPERATIVE BANK
LOKAMALESHWARAM VILLAGE,
KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680 664,
REPRESENTED BY ITS SECRETARY
JESSY KUMAR,
S/O CHANDRASEKHARAN,
AGED 52, ALA VILLAGE,
ALA DESOM,
KODUNGALLUR TALUK, PIN - 680664
BY ADVS.
M P ASHOK KUMAR
ASIF N(K/001564/2018)
BINDU SREEDHAR(K/000317/2002)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1788 of 2022
2
JUDGMENT
Dated this the 03rd day of November, 2022
The original petition is filed to direct the
Court of the Principal Subordinate Judge, Irinjalakuda,
to consider and dispose of I.A.No.1/2021 in
C.M.A.No.41/2021 within a time frame.
2. Pursuant to the order dated 22.09.2022
passed by this Court, the learned Principal Subordinate
Judge, Irinjalakuda, by communication dated
28.09.2022, has inter alia, informed this Court that
I.A.No.1/2021 is filed to condone the delay of 686 days
in filing the appeal. The respondent has appeared and
filed its counter affidavit to the delay petition. The
appeal has not been admitted till now. The court below
requires four moths time to dispose of the appeal.
3. Heard; Sri.V.N.Shankarjee, the learned
counsel appearing for the petitioner and Sri.M.P.Ashok
Kumar, the learned counsel appearing for the
O.P.(C)No.1788 of 2022
respondent.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Subordinate Judge, in exercise of the
supervisory powers of this Court under Article 227 of
the Constitution of India, I direct the Court of the
Principal Subordinate Judge, Irinjalakuda, to consider
and dispose of I.A.No.1/2021 in C.M.A.No.41/2021, in
accordance with law, as expeditiously as possible at
any rate within a period of one month from the date of
receipt of a certified copy of this judgment. Until such
time orders are passed on I.A.No.1/2021, all further
proceedings in E.P.No.369/2018 of the Court of the
Munsiff, Kodungallur, shall be kept in abeyance.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS
Judge
NR/03/11/2022
O.P.(C)No.1788 of 2022
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPEAL MEMORANDUM DATED
23.12.2021 IN C.M.A NO.41/2021 PENDING BEFORE
THE SUB COURT, IRINJALAKUDA
Exhibit P-2 TRUE COPY OF THE EXECUTION PETITION
E.P.NO.369/2018 DATED 15.6.2019
Exhibit P-3 TRUE COPY OF THE APPLICATION DATED 14.10.2019
E.A. NO. 1070/2019 IN E.P. NO. 369/2018
Exhibit P-4 TRUE COPY OF OBJECTION DATED NIL FILED BY THE
RESPONDENT
Exhibit P-5 TRUE COPY OF THE ORDER DATED 8.1.2020 IN E.A.
1070/2019 IN E.P.369/2018 IN O.S. ARC 1735/2015
Exhibit P-6 TRUE COPY OF THE DELAY CONDONATION PETITION
DATED 23.12.2021 I.A. NO.1/2021 IN C.M.A.
NO.41/2021
Exhibit P-7 TRUE COPY OF THE OBJECTION DATED NIL IN I.A.
NO.1/2021 IN C.M.A.41/2021
Exhibit P-8 TRUE COPY OF THE STAY PETITION DATED 23.12.2021
I.A. NO.2/2021 IN C.M.A.41/2021
Exhibit P-9 TRUE COPY OF THE OBJECTION DATED NIL AGAINST
I.A. NO.2/2021 IN C.M.A.41/2021
Exhibit P-10 TRUE COPY OF THE OBJECTION DATED 15.6.2019
