Leela vs Anith Kumar
2023 Latest Caselaw 9067 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      OP(C) NO. 842 OF 2023
EA NO.140/2022 IN EP NO.146/2015 IN OS 134/2013 OF ADDITIONAL SUB
                         COURT-I, KOLLAM
PETITIONERS/JUDGMENT DEBTORS/PLAINTIFFS:

    1     LEELA
          AGED 70 YEARS
          W/O.RAJEEVAN
          MANGALASSERIL PRAKKULAM P.O.,
          THRIKKARUVA VILLAGE
          KOLLAM TALUK, KOLLAM,
          PIN - 691602
    2     RAJEEVAN
          AGED 74 YEARS
          MANGALASSERIL PRAKKULAM P.O.,
          THRIKKARUVA VILLAGE
          KOLLAM TALUK, KOLLAM-691 602
          BY ADV R.S.KALKURA
RESPONDENTS/DECREE HOLDERS/DEFENDANTS:

    1     ANITH KUMAR
          AGED 57, S/O.NANU VAIDYAN
          THODIYIL, KRISHNA MANDIRAM PRAKULAM CHERRY,
          PRAKULAM P.O. THRIKARUVA VILLAGE,
          KOLLAM TALUK KOLLAM, PIN - 691602
    2     PRAVEEN KUMAR
          AGED 54
          S/O.ANANDAN, PUTHUPALLI PADINJATTATHIL,
          VADAKKKUMMURI P.O KAYAMKULAM, PIN - 680570
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OPC No.842 of 2023
                                 2


                          C. S. DIAS, J.
                -------------------------
                     O.P.(C.) No.842 of 2023
                -------------------------
          Dated this the 23rd day of August, 2023

                          JUDGMENT

The original petition is filed to direct the Court

of Subordinate Judge, Kollam to consider and

dispose of E.A. No.140/2022 in E.P. No.146/2015,

expeditiously.

2. Pursuant to the order dated 04.04.2023

passed by this Court, the learned Subordinate

Judge, by communication dated 10.04.2023, has

informed this Court that E.A. No.140/2022 can be

disposed of within three months.

3. Heard; Sri.R.S. Kalkura, the learned Counsel

appearing for the petitioners. Even though notices

have been served on the learned Counsel appearing

for the respondents before the court below, there is

no appearance for them.

OPC No.842 of 2023

4. Having considered 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 am

inclined to order the original petition.

Resultantly, I order the original petition as

follows:

(i) The learned Subordinate Judge, Kollam is

directed to consider and dispose of E.A.

No.140/2022 in E.P. No.146/2015, in accordance

with law and as expeditiously as possible, at any

rate, within a period of three months from the date

of receipt of a certified copy of this judgment, after

affording the parties an opportunity of being heard.

Sd/-

C. S. DIAS JUDGE SKP/23-08 OPC No.842 of 2023

APPENDIX OF OP(C) 842/2023

PETITIONERS' EXHIBITS:

EXHIBIT1 P1 TRUE COPY OF THE DECREE IN O.S.134 OF 2013 ON THE FILE OF THE PRINCIPAL SUB COURT KOLLAM DATED 10.3.2015.

EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S. 134 OF 2013 ON THE FILE OF THE PRINCIPAL SUB COURT, KOLLAM EXHIBIT P3 TRUE COPY OF THE JUDGEMENT DATED 10.03.2015 IN O.S. 134 OF 2013 ON THE FILE OF THE PRINCIPAL SUB COURT, KOLLAM EXHIBIT P4 TRUE COPY OF E.P.NO.146 OF 2015 BEFORE THE 1ST ADDITIONAL SUBORDINATE JUDGE'S COURT KOLLAM FOR EXECUTION OF THE DECREE IN O.S.134 OF 2013 OF THE PRINCIPAL SUB COURT, KOLLAM EXHIBIT P5 TRUE COPY OF E.A. NO. 140 OF 2022 IN E.P.

NO. 146 OF 2015 IN O.S. 134 OF 2013 ON THE FILE OF THE 1STADDITIONAL SUB COURT, KOLLAM EXHIBIT P6 TRUE COPY OF THE COMMISSION APPLICATION E.A.NO.163 OF 2022 IN E.A.NO.140 OF 2022 IN E.P.NO.146 OF 2015 IN O S NO.134 OF 2013 ON THE FILE OF THE 1STADDITIONAL SUB COURT, KOLLAM RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE