Neyyattinkara Welfare ... vs Maya.R.Nair
2022 Latest Caselaw 10174 Ker

OP(C) NO. 1530 OF 2022
                                     1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
 THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                         OP(C) NO. 1530 OF 2022
        AGAINST THE ORDER/JUDGMENT IN EP 37/2020 OF SUB
                          COURT,NEYYATTINKARA
PETITIONER/S:

            NEYYATTINKARA WELFARE CO-OPERATIVE SOCIETY
            LTD.NO.T.1800
            THIRUMANGALAM, POOVAR ROAD,
            NEYYATTINKARA, THIRUVANANHAPURAM DISTRICT-695121
            REPRESENTED BY ITS SECRETARY
            , PIN - 695121

            BY ADV V.SUNIL KUMAR (PANACHAMOODU)



RESPONDENT/S:

    1       MAYA.R.NAIR
            AGED 44 YEARS
            KADICHAL VEEDU, KOOTTAPPANA, NEYYATTINKARA.P.O,
            THIRUVANANHAPURAM DISTRICT-695121
            , PIN - 695121

    2       RADHAKRISHNAN NAIR
            AGED 52 YEARS
            THEKKE KAVALLOOR PUTHEN VEEDU,
            KEEZHAROOR.P.O, THIRUVANANHAPURAM DISTRICT -695125
            , PIN - 695125


     THIS     OP    (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
15.09.2022,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1530 OF 2022
                                2



                          JUDGMENT

The original petition is filed, to direct the Court of

the Subordinate Judge, Neyyattinkara to consider and

dispose of E.P.No.37/2020 within a time frame.

2. Pursuant to the order dated 22.08.2022 passed by

this Court, the learned Subordinate Judge, by

communication dated 27.08.2022, has informed this

Court that the execution petition was filed on 14.09.2020

and the judgment debtor has entered appearance. The

case stands posted to 04.10.2022 for recovering the

decretal amount. The court below would make every

endeavour to dispose of the execution petition within nine

months.

3. Heard; Sri.V.Sunil Kumar, the learned counsel

appearing for the petitioner.

In the light of the pleadings and the materials on

record and after perusing the communication of the OP(C) NO. 1530 OF 2022

learned Subordinate Judge and in exercise of the

supervisory powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the

Subordinate Judge, Neyyattinkara to consider and

dispose of E.P.No.37/2020 in PLF No.178/2019 in

accordance with law, as expeditiously as possible, at any

rate within a period of six months from the date of receipt

of a certified copy of this judgment.

Sd/-

C.S.DIAS, JUDGE rkc/15.09.2022 OP(C) NO. 1530 OF 2022

APPENDIX OF OP(C) 1530/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE E.P.NO.37/2020 ON THE FILES OF THE SUB COURT, NEYYATTINKARA

Exhibit-P2 TRUE COPY OF THE EA NO.101/2020 IN E.P.NO.37/2020 ON THE FILES OF THE SUB COURT, NEYYATTINKARA

Exhibit-P3 TRUE COPY OF THE ORDER DATED 18/01/2022 IN EA NO.101/2020 IN E.P.NO.37/2020 ON THE FILES OF THE SUB COURT, NEYYATTINKARA

Exhibit-P4 TRUE COPY OF THE PROCEEDINGS IN E.P.NO.37/2020 BEFORE THE SUB COURT, NEYYATTINKARA