Kerala High Court
M/S Shamko Exim Pvt. Ltd vs Giby Augustin on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
OP(C) NO. 149 OF 2023
IN EP 50/2017 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER:
M/S SHAMKO EXIM PVT. LTD.
REPRESENTED BY ITS MANAGING DIRECTOR K.M. VEERESH,
AGED 46 YEARS S/O KOTRAIAH REGISTERED OFFICE AT
OFFICE NO. 7/40, OLD OCTROI OFFICE NEAR T.V. STATION
HOSPET - KARNATAKA, PIN - 593201
BY ADVS. RENJITH B.MARAR
LAKSHMI.N.KAIMAL
RESPONDENTS:
1 GIBY AUGUSTIN,
S/O THOPPIL XAVIER AUGUSTINE NO. 151/1/34, SRINIVASA
APARTMENT OTTEGADDA STREET, NEAR TAJ HOTEL MAHARANI
PETTA, VISHAKHAPATNAM ANDHRA PRADESH, PIN - 530002
2 VARONIKA DAVID @ SUNITHA
W/O BIJU C.D. NO. 151/1/34, SRINIVASA APARTMENT
OTTEGADDA STREET, NEAR TAJ HOTEL MAHARANI PETTA,
VISHAKHAPATNAM ANDHRA PRADESH - AND ALSO AT CHITTAYI
HOUSE, ST. ANTONY'S LANE PALLITHURAI P.O.
THIRUVANANTHAPURAM, PIN - 695586
3 BIJU C.D.
S/O DANIEL JOSEPH CHITTAYI HOUSE, ST. ANTONY'S LANE
PALLITHURAI P.O. THIRUVANANTHAPURAM, PIN - 695586
BY ADVS. L.MOHANAN
LIGEY ANTONY(K/000510/1993)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.149/2023
-:2:-
Dated this the 9th day of August,2023
JUDGMENT
The original petition is filed to direct the Court of
the Principal Subordinate Judge, Thiruvananthapuram,
to consider and dispose of E.P. No.50/2017,
expeditiously.
2. Pursuant to the order dated 19.02.2023
passed by this Court, the learned Principal Subordinate
Judge, by communication dated 02.02.2023, has
informed this Court that E.P.No.50/2017 stands posted
for further evidence. The court below requires six
months' time for disposing the Execution Petition from
02.02.2023.
3. Heard; Sri. Renjith B.Marar, the learned
counsel appearing for the petitioner and
Sri. L.Mohanan the learned counsel appearing for the
third respondent. In view of the limited relief that I
O.P.(C)No.149/2023
propose to pass, I dispense with further notice to the
other respondents.
4. Having considered the pleadings and
materials on record and after perusing the
communication of the learned Principal 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,
Thiruvananthapuram, to consider and dispose of E.P.
No.50/2017, in accordance with law and as
expeditiously as possible, at any rate, on or before
31.10.2023.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/09.08.23 //True copy//
P.A.To Judge
O.P.(C)No.149/2023
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THE COURT OF
THE VII ADDL. CITY, CIVIL, AND SESSIONS
JUDGE, BANGALORE IN O.S. NO. 337/2016 DATED
16.11.2016
EXHIBIT P2 A TRUE COPY OF THE DECREE OF THE COURT OF
THE VII ADDL. CITY, CIVIL, AND SESSIONS
JUDGE, BANGALORE IN O.S. NO. 337/2016 DATED
16.11.2016
EXHIBIT P3 A TRUE COPY OF THE E.P. NO. 50/2017 FILED
BY THE PETITIONER BEFORE THE SUB-COURT,
THIRUVANANTHAPURAM
EXHIBIT P4 A TRUE COPY OF THE E.A. NO. 520/2022 IN
E.P. NO. 50/2017 BY THE 3RD RESPONDENT
BEFORE THE SUB-COURT, THIRUVANANTHAPURAM
EXHIBIT P5 A TRUE COPY OF THE OBJECTIONS FILED BY THE
PETITIONER IN E.A. NO. 520/2022 IN E.P. NO.
50/2017 BEFORE THE SUB-COURT
THIRUVANANTHAPURAM
EXHIBIT P6 A TRUE COPY OF THE E-COURT PROCEEDINGS
DATED 14.12.2022 IN E.P. NO. 50/2017 BEFORE
THE SUB-COURT, THIRUVANANTHAPURAM
RESPONDENT'S EXHIBITS: NIL
