P.Raveendran vs P.Sivadasan
2023 Latest Caselaw 1507 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        OP(C) NO. 53 OF 2023
                 AS 58/2022 OF SUB COURT, OTTAPPALAM
             EP 125/2022 OF MUNSIFF COURT, OTTAPPALAM
PETITIONERS / APPELLANTS / JUDGMENT DEBTORS / DEFENDANTS:

    1     P.RAVEENDRAN
          AGED 62 YEARS
          S/O.APPUNNI, JANAKI JEWELLERY, THIRUVILWAMALA, THRISSUR
          DISTRICT, RESIDING AT PUTHENPURAKKAL HOUSE,
          KANNIAMPURAM AMSOM, DESOM AND POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679104

    2     P.MURALEEDHARAN
          AGED 59 YEARS
          S/O.APPUNNI, NEW KOMALA JEWELLERY, RS ROAD, OTTAPALAM,
          PALAKKAD DISTRICT, RESIDING AT PUTHENPURAKKAL HOUSE,
          KANNIAMPURAM AMSOM, DESOM AND POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT, PIN - 679104

          BY ADVS.
          R.SREEHARI
          HAMZA A.V.



RESPONDENT/RESPONDENT/DECREE HOLDER / PLAINTIFF:

          P.SIVADASAN
          AGED 73 YEARS
          S/O.P.APPUNNI, NALININ NIVAS, RAM MANDIR ROAD,
          VADAKKANCHERY POST, THALAPPILLY TALUK, THRISSUR
          DISTRICT, PIN - 680582


OTHER PRESENT:

          ADV P V MENON




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       2
OP(C) NO. 53 OF 2023




                               C.S. DIAS, J.
              ---------------------------------------------------
                         O.P.(C) No.53 of 2023
              ---------------------------------------------------
             Dated this the 20th day of January, 2023

                               JUDGMENT

The original petition is filed to direct the Court of

Subordinate Judge, Ottapalam to consider and dispose of

I.A.No.2/2022 in A.S.No.58/2022 within a time frame and until

such time to defer all further proceedings in E.P.No.125/2022

in O.S.No.278/2014 of Munsiff Court, Ottapalam.

2. Pursuant to the order dated 11/01/2023 passed by

this Court, the learned Subordinate Judge, by communication

dated 18/01/2023, has informed this Court that I.A.No.2/2022

is filed to condone the delay of 935 days in filing

A.S.No.58/2022. Notice has been ordered to the respondent.

The petitioners have not taken steps to effect service of notice

on the respondent. The court below would dispose of the

OP(C) NO. 53 OF 2023

application within 30 days from the date, the respondent

enters appearance.

3. Heard Sri.Sreehari, the learned counsel appearing

for the petitioners and Sri.P.V.Menon, the learned counsel

appearing for the respondent.

In the light of the pleadings and materials recorded and

after perusing the communication of the learned Subordinate

Judge, I direct the Court of the Subordinate Judge, to consider

and dispose of I.A.No.2/2022 in accordance with law and after

affording both sides, an opportunity of being heard, as

expeditiously as possible, at any rate, within a period of 30

days from the date on which the respondent enters

appearance. Until such time orders are passed on

I.A.No.2/2022, all further proceedings in E.P.No.125/2022 of

the Court of Munsiff, Ottapalam shall be kept in abeyance.

The Original Petition is ordered accordingly.

Sd/-

C.S. DIAS JUDGE rsr

OP(C) NO. 53 OF 2023

APPENDIX OF OP(C) 53/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.278/2014 OF MUNSIFF COURT,OTTAPALAM DATED 29/02/2020

Exhibit P2 TRUE COPY OF THE DECREE IN O.S.NO.278/2014 OF MUNSIFF COURT,OTTAPALAM DATED 29/02/2020

Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL, FILED BY THE PETITIONERS BEFORE THE SUB COURT, OTTAPALAM, AS A.S.NO.58/2022, FILED ON 22/10/2022

Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONERS IN I.A.NO.2/2022 IN A.S.NO.58/2022 BEFORE THE SUB COURT, OTTAPALAM

Exhibit P5 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONERS IN I.A.NO.3/2022 IN A.S.NO.58/2022 BEFORE THE SUB COURT, OTTAPALAM

Exhibit P6 TRUE COPY OF THE CASE DETAILS OF A.S.NO.58 / 2022 OF SUB COURT, OTTAPALAM DATED 04/01/2023 OBTAINED FROM THE E-COURTS WEBSITE

Exhibit P7 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONERS IN I.A.NO.1/2023 IN A.S.NO.58/2022 BEFORE THE SUB COURT, OTTAPALAM DATED 07/01/2023

Exhibit P8 TRUE COPY OF THE EXECUTION PETITION, E.P.NO.125/2022 IN O.S.NO.278/2014 OF MUNSIFF COURT, OTTAPALAM FILED BY THE RESPONDENT AGAINST THE PETITIONERS

Exhibit P9 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS HEREIN IN E.P.NO.125/2022 IN O.S.NO.278/2014 OF MUNSIFF COURT, OTTAPALAM DATED 26/10/2022

OP(C) NO. 53 OF 2023

Exhibit P10 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONERS HEREIN IN E.A.NO.510/2022 IN E.P.NO.125/2022 IN O.S.NO.278/2014 OF MUNSIFF COURT, OTTAPALAM

Exhibit P11 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT HEREIN IN E.A.NO.510/2022 IN E.P.NO.125/2022 IN O.S.NO.278/2014 OF MUNSIFF COURT, OTTAPALAM