Kerala High Court
Kunjumol Thankappan vs Parvathi on 7 October, 2022
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. 1908 OF 2022
AGAINST THE ORDER/JUDGMENT IN EP 11/2017 OF MUNSIFF COURT, PERUMBAVOOR
PETITIONER/S:
KUNJUMOL THANKAPPAN
AGED 64 YEARS
W/O THANKAPPAN, KUTHUMANNU VEEDU, KOOVAPPADY VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM. , PIN - 683542
BY ADV R.DIVAKARAN
RESPONDENT/S:
1 PARVATHI
AGED 77 YEARS, W/O. LATE PADMANABHA IYER, KOOVELI MADATHIL ,
VADAKKE PUTHEN MADATHIL, THENKURISSI AMSAM, VELIYANNUR PO,
NENMARA TALUK, PALAKKAD REPRESENTED BY HER POWER OF ATTORNEY
HOLDER BHAGEERATHI AMMAL, AGED 45 YEARS, W/O. K.S. BALA
SUBRAMANIA IYER, KODUNGALLOOR MADATHIL, CHANDRASEKHARAPURAM
GRAMAM, EDATHARA P.O., NOORANI VILLAGE, PALAKKAD TALUK,
PALAKKAD. , PIN - 678001
2 BHAGEERATHI AMMAL
AGED 45 YEARS
W/O. K.S. BALA SUBRAMANIA IYER, KODUNGALLOOR MADATHIL,
CHANDRASEKHARAPURAM GRAMAM, EDATHARA P.O., NOORANI VILLAGE,
PALAKKAD TALUK, PALAKKAD. , PIN - 678001
3 SARASWATHI AMMAL
AGED 43 YEARS D/O. LATE PADMANABHA IYER, KOOVELI MADATHIL
VADAKKE PUTHEN MADATHIL, THENKURISSI AMSAM, VELIYANNUR PO,
NENMARA TALUK, PALAKKAD REPRESENTED BY HER POWER OF ATTORNEY
HOLDER BHAGEERATHI AMMAL, AGED 45 YEARS, W/O. K.S. BALA
SUBRAMANIA IYER, KODUNGALLOOR MADATHIL, CHANDRASEKHARAPURAM
GRAMAM, EDATHARA P.O., NOORANI VILLAGE, PALAKKAD TALUK,
PALAKKAD, PIN - 678001
4 GANESH
AGED 41 YEARS, S/O. LATE PADMANABHA IYER, KOOVELI MADATHIL
VADAKKE PUTHEN MADATHIL, THENKURISSI AMSAM, VELIYANNUR PO,
NENMARA TALUK, PALAKKAD REPRESENTED BY HER POWER OF ATTORNEY
HOLDER BHAGEERATHI AMMAL, AGED 45 YEARS, W/O. K.S. BALA
SUBRAMANIA IYER, KODUNGALLOOR MADATHIL, CHANDRASEKHARAPURAM
GRAMAM, EDATHARA P.O., NOORANI VILLAGE, PALAKKAD TALUK,
PALAKKAD. , PIN - 678001
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1908 of 2022
2
JUDGMENT
Dated this the 07th day of October, 2022
The original petition is filed, inter alia, to
direct the Court of the Munsiff, Perumbavoor, to issue
the carbon copies of the orders passed in
E.A.No.229/2022(Ext.P7) and E.A.No.230/2022(Ext.P8)
in E.P.No.11/2017 in O.S.No.189/2016 within a time
frame and until such time to direct the further
proceedings in E.P.No.11/2017 to be kept in abeyance.
2. The grievance of the petitioner is that: even
though she had filed Ext.P7 application, under order 21
Rule 97 and Ext.P8 application under Order 26 Rule
10(3) of the Code of Civil Procedure, the court below
dismissed the above applications on 27.09.2022.
Although the petitioner has applied for the carbon
copies of the orders passed in the above applications,
the same has not been issued. But, the court below is
O.P.(C)No.1908 of 2022
hastily proceeding with E.P.No.11/2017. If the
petitioner is not granted a breathing time to challenge
the orders passed on Exts.P7 and P8 applications, she
would be put to severe prejudice. Hence, the original
petition.
3. Heard; Sri.R.Divakaran, the learned counsel
appearing for the petitioner. In light of the limited
relief that I propose to pass, I dispense with notice to
the respondents.
4. On a consideration of the pleadings and
materials on record and taking note of the fact that the
court below has dismissed Exts.P7 and P8 applications,
but the carbon copies of the orders have not been
issued till date, I am of the view that the court below is
to be directed to issue the orders within a time frame
and until such time, further proceedings in the
execution petition be kept in abeyance.
In the result, in exercise of the supervisory
powers of this Court under Article 227 of the
O.P.(C)No.1908 of 2022
Constitution of India, I dispose of the original petition
as follows:-
i) The Court of the Munsiff, Perumbavoor, is
directed to issue the carbon copies of the orders
passed in Exts.P7 and P8, in accordance with law, as
expeditiously as possible, at any rate within a period of
ten days from today, if the copy application is in order.
ii) The Court of the Munsiff, Perumbavoor, is
directed to keep in abeyance all further proceedings in
E.P.No.11/2017 in O.S.No.189/2016 for a period of two
weeks.
Sd/-
C.S.DIAS
Judge
NR/07/10/2022
O.P.(C)No.1908 of 2022
APPENDIX OF OP(C) 1908/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1240/2000 OF
SRO. PERUMBAVOOR
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED
02.04.2022
Exhibit P3 THE TRUE COPY OF THE RESIDENTIAL CERTIFICATE
ISSUED BY THE GRAMAPANCHAYATH DATED 14.07.2022
Exhibit P4 THE ASSESSMENT REGISTER OF THE BUILDING NO.
19/340 OF KOOVAPPADY VILLAGE IN THE NAME OF
PETITIONER'S HUSBAND THANKAPPAN FROM 2013-2014
Exhibit P5 THE TRUE COPY OF THE COMMISSION REPORT FILED IN
THE EXECUTION PETITION IN E.P. NO. 11/2017 IN
OS NO. 189/2016 DATED 15.03.2018
Exhibit P6 THE TRUE COPY OF THE SURVEY SKETCH IN SURVEY
NO. 355/4 OF KOOVAPPADY VILLAGE PREPARED BY THE
RETIRED TALUK SURVEYOR DATED 13.07.2022
Exhibit P7 THE COPY OF THE PETITION FILED FOR MEASURING
THE PROPERTY ON THE BASIS OF SALE DEED NO. IN
E.A. NO. 229/2022 DATED 27.09.2022
Exhibit P8 THE TRUE COPY OF THE PETITION TO REMIT BACK THE
COMMISSION REPORT IS IN EA NO. 230/2022 DATED
26.09.2022
Exhibit P9 THE TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER TO KEEP IN ABEYANCE OF THE DELIVERY
PROCEEDINGS IN E.A. NO. 233/2022 IN O.S. NO.
189/2016 DATED 27.09.2022
