Kerala High Court
Raveendran vs Satheesan 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. 2027 OF 2022
AGAINST THE ORDER/JUDGMENT IN EP NO. 179/2014 IN O.S.NO.253 OF 2011 ON
THE FILES OF SUB COURT, MAVELIKKARA
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
RAVEENDRAN,
AGED 54 YEARS,
SON OF BHADRAN,
CHOORALAKKAL PUTHENVEEDU,
PILAPPUZHA MURI,
HARIPAD VILLAGE, ALAPPUZHA,
PRESENTLY RESIDING AT USHUS VILLA
(CHOORALAKKAL) HOUSE, PARAYAKAD,
NORTH PARAVUR P.O,
ERNAKULAM-, PIN - 683513
BY ADVS.
V.JOHN MANI
SETHULAKSHMI K.K.
JACKSON JOHNY
VARGHESE SABU
COUNTER PETITIONER/RESPONDENT/DECREE HOLDER/PLAINTIFF:
SATHEESAN,
AGED 58 YEARS,
SON OF PACHUKUTTAN,
CHAMPARAMPIL,
THAMMALLACKAL SOUTH MURI,
KUMARAPURAM VILLAGE-, PIN - 688561
BY ADVS.
Sameer s
M.LIJU(K/340/2003)
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.2027 of 2022
2
JUDGMENT
Dated this the 03rd day of November, 2022
The original petition is filed to direct the
Court of the Subordinate Judge, Mavelikara to consider
and dispose of E.A.Nos.219/2022 and 220/2022 in
E.P.No.179/2014 in O.S.No.253/2011 within a time
frame.
2. Pursuant to the order dated 21.10.2022
passed by this Court, the learned Subordinate Judge,
Mavelikara, by communication dated 26.10.2022, has
inter alia, informed this Court that the property of the
petitioner was sold in a public auction. The sale was
confirmed and the sale certificate was issued to the
auction purchaser/decree holder. The execution
petition was closed on 30.01.2021. Now, the petitioner
has filed E.A.Nos.219/2022 and 220/2022 under Order
39 Rule 1 of the Code of Civil Procedure, (in short,
O.P.(C)No.2027 of 2022
'Code') and under Order XXI Rule 90 and Section 47 of
the Code. Notice has been ordered in the applications
to the respondent. However, the petitioner has not
taken steps till date. The application stands posted to
30.11.2022. The court below would make every
endeavour to dispose of the applications within three
months after the respondent enter appearance.
3. Heard; Sri.V.John Mani, the learned counsel
appearing for the petitioner and Sri.Sameer.S, the
learned counsel appearing for the respondent.
4. On a consideration 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 dispose of the
original petition as follows:-
(i) The petitioner and the respondent shall
appear before the court below on 30.11.2022.
(ii) The respondent may, if so advised, file his
O.P.(C)No.2027 of 2022
objections to the above applications.
(iii) The court below is directed to consider and
dispose of E.A.Nos.219/2022 and 220/2022, in
accordance with law, as expeditiously as possible at
any rate on or before 31.01.2023.
Sd/-
C.S.DIAS
Judge
NR/03/11/2022
O.P.(C)No.2027 of 2022
APPENDIX
PETITIONER'S EXHIBITS
Exhibit1 A TRUE COPY OF THE JUDGMENT IN O.S NO. 253 OF
2011 DATED 19.07.2014 OF LEARNED SUB JUDGE,
MAVELIKARA
Exhibit P2 A TRUE COPY OF THE DECREE IN O.S NO. 253 OF
2011 DATED 19.07.2014 OF LEARNED SUB JUDGE,
MAVELIKARA
Exhibit P 3 A TRUE COPY OF THE PASSPORT OF THE PETITIONER
Exhibit P 4 A TRUE COPY OF THE B DIARY OF EP NO. 179/2014
PENDING ON THE FILES OF SUB COURT, MAVELIKKARA
Exhibit P 5 A TRUE COPY OF THE EA NO. 219 OF 2022 IN EP NO.
179 OF 2014 ON THE FILES OF SUB COURT,
MAVELIKARA
Exhibit P 6 A TRUE COPY OF THE EA NO. 220 OF 2022 IN EP NO.
179 OF 2014 ON THE FILES OF SUB COURT,
MAVELIKARA
Exhibit P 7 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
REMAINING PORTION OF THE OLD HOUSE OF THE
PETITIONER
