Kerala High Court
Pradeep Kumar vs Nazar on 17 January, 2023
OP(C) NO. 1684 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(C) NO. 1684 OF 2022
EP 183/2015 OF SUB COURT, MAVELIKKARA
PETITIONER/S:
PRADEEP KUMAR
AGED 47 YEARS
S/O GOPALAPILLA,
KILIYANTHRATHEKETHIL, AKAMKUDI P.O,
NANGIARKULANGARA, ALAPPUZHA DISTRICT
, PIN - 695013
BY ADVS.
V.PHILIP MATHEW
GIBI.C.GEORGE
RESPONDENT/S:
1 NAZAR
AGED 49 YEARS
RESIDING AT: AMAL VILLA,
THULAMPARAMBU, KARTHIKAPILLITHALUK ,
HARIPPAD VILLAGE , PIN - 690514
2 CHANDRAN PILLAI
AGED 66 YEARS,KOCHUKANDATHILPADEETTATHIL ,
THULAMPARAMBUTHEKKUMMURI,
HARIPAD VILLAGE, PIN - 690514
3 SREELATHA
AGED 58 YEARS,KOCHUKANDATHILPADEETTATHIL ,
THULAMPARAMBUTHEKKUMMURI,
HARIPAD VILLAGE, PIN - 690514
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW(K/1557/2003)
ANJANA S.(K/1828/2021)
ARCHANA RAMANAN(K/000888/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1684 OF 2022 2
JUDGMENT
The original petition is filed to direct the Court of the
Subordinate Judge, Mavelikara, to consider and dispose of
E.A.No.201/2022 (Ext.P3) and E.A.No.202/2022 (Ext.P4),
both filed in E.A.No.16/2022 in E.A.No.98/2019 in
E.P.No.183/2015.
2. Pursuant to the order dated 31.8.2022 passed by
this Court, the learned Subordinate Judge, by
communication dated 14.9.2022, has informed this Court
that E.P.No.183/2015 was filed before the court below by the
decree holder in O.S.No.308/2012, to conduct the sale of the
scheduled properties. The properties were sold on
18.6.2018, the sale was confirmed and the execution petition
was closed on 30.8.2018. Subsequently, the decree holder
filed E.A.No.98/2019 for delivery of the properties. It is at
that point of time that the present petitioner filed
E.A.No.16/2022 to set aside the sale. The application was
posted for evidence on 25.7.2022 and was adjourned to
17.8.2022. There was no representation for the petitioner.
Hence, the application was dismissed on 17.8.2022. Now the
petitioner has filed Exts.P3 and P4 to restore E.A.No.16/2022
and to stay the execution proceedings. The applications are
posted to 23.9.2022. The court below would dispose of the
applications as directed by this Court.
3. Heard; Sri.V. Philip Mathew, the learned counsel
appearing for the petitioner and Smt.Rinny Stephen, the
learned counsel appearing for the respondents.
On a consideration of the pleadings and materials on
record and taking note of 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
direct the Court of the Subordinate Judge, Mavelikara, to
consider and dispose of Ext.P3 application
(E.A.No.201/2022), in accordance with law, as expeditiously
as possible, at any rate within one month from today. The
consideration of Ext.P4 application will depend on the
outcome of Ext.P3 application.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
okb/17.1.2023
//True copy// P.S. to Judge
APPENDIX OF OP(C) 1684/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE DECREE DATED 27.6.16 IN O.S.NO
Exhibit P2 COPY OF E.A .NO 16/22 IN E.A.NO 98/19 IN
E.P.NO 183/15 IN O S NO 308/12
Exhibit P3 COPY OF E.A.NO201 /22 IN E.A NO 16/22 IN
E.A .NO 98/19 IN E.P.NO 183/15 IN
O.S.NO308/12 BEFORE SUB COURT, MAVELIKKARA
Exhibit P4 COPY OF E.A NO 202 /22 IN E .A NO16/22 IN
E.A.NO 98/19IN E.P.NO 183/15 IN O.S.NO 308
/12
