Anilkumar vs Anithakumari
2022 Latest Caselaw 10425 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
      FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                      OP(C) NO. 1657 OF 2022
   AGAINST THE ORDER/JUDGMENT IN O.S NO. 27/2013 OF ADDITIONAL
                     MUNSIFF COURT, KOZHIKODE


PETITIONER/DECREE HOLDER :-

          ANILKUMAR
          AGED 52 YEARS
          S/O. CHATHUKUTTY, PUTHIYOTTIL HOUSE,
          THAMARASSERY AMSOM DESOM, CHELANNUR, KOZHIKODE TALUK,
          PIN - 673616

          BY ADVS.
          VINOD RAVINDRANATH
          MEENA.A.
          K.C.KIRAN
          M.R.MINI
          M.DEVESH
          ASHWIN SATHYANATH
          ANISH ANTONY ANATHAZHATH
          THAREEQ ANVER K.


RESPONDENT/JUDGMENT DEBTOR :-

          ANITHAKUMARI
          AGED 58 YEARS
          D/O. CHATHUKUTTY, PUTHIYOTTIL HOUSE,
          THAMARASSERY AMSOM DESOM, CHELANNUR,
          KOZHIKODE TALUK, PIN - 673616


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1657 OF 2022
                                   2

        Dated this the 07th day of October, 2022
                       JUDGMENT

This original petition is filed to direct the Court

of Munsiff, Kozhikode, to consider and dispose of

E.P.No.270/2019 in O.S.No.27/2013 within a time frame.

2. Pursuant to the order dated 30.08.2022

passed by this Court, the learned Munsiff, Kozhikode, by

communicated dated 13.09.2022, has informed this

Court that the execution petition stands posted for

delivery. Even though an Amin was deputed the same

was obstructed by the judgment debtor and her son-in-

law. In the meantime, the judgment debtor has

approached this Court and the parties were referred to

mediation. However, the mediation efforts failed. In the

meantime, the judgment debtor filed E.P.No.69/2022 to

depute an Amin to restore the eastern side compound

wall of the property in terms of the compromise decree.

E.P.No.270/2019 stands posted to enquiry on

08.12.2022. However, the court below would make OP(C) NO. 1657 OF 2022

every endeavour to dispose of the execution petition

within four months.

3. Heard; Sri.Vinod Ravindranath, the learned

counsel appearing for the petitioner. Even though notice

has been served on the counsel appearing for the

respondent before the court below, there is no

appearance.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India, I

direct the Court of the Principal Munsiff-1, Kozhikkode,

to consider and dispose of E.P.No.270/2019 in

O.S.No.27/2013, in accordance with law, as

expeditiously as possible, at any rate, within a period of

four months from today.

The Original Petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE SMA OP(C) NO. 1657 OF 2022

APPENDIX

PETITIONER EXHIBITS :-

Exhibit P1         TRUE   COPY    OF   THE  JUDGMENT     DATED
                   8.7.2019    IN    R.S.A.  995   OF     2018
                   INCORPORATING THE COMPROMISE

Exhibit P2         TRUE   COPY   OF   THE   RECEIPT      DATED

05.08.2019 EVIDENCING THE PAYMENT

Exhibit P3 TRUE COPY OF E.P. 270 OF 2019 DATED DECEMBER, 2019 IN O.S.NO.27/2013 ON THE FILES OF MUNSIFF'S COURT, KOZHIKODE

Exhibit P4 TRUE COPY OF E.P. 69 OF 2022 IN O.S.

NO.27/2013 DATED 7.4.2022 ON THE FILES OF MUNSIFF COURT, KOZHIKODE

RESPONDENT'S EXHIBITS :- NIL

//True Copy//

PA To Judge