Padmakumar vs Mahesh
2023 Latest Caselaw 7493 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 7th DAY OF JULY 2023 / 16TH ASHADHA, 1945
                       OP(C) NO. 1320 OF 2023
    EP 15/2017 IN O.S.No.34/2015 OF SUB COURT, KARUNAGAPPALLY
PETITIONER/DECREE HOLDER/PLAINTIFF:

           PADMAKUMAR, AGED 50 YEARS,
           S/o BHANU, POKKATTU HOUSE, NAMBARUVIKALA,
           KARUNAGAPPALLY, PIN - 690573

           BY ADV M.R.SASITH



RESPONDENTS/JUDGMENT DEBTOR/DEFENDANT/CLAIM PETITIONER:

    1      MAHESH, AGED 45 YEARS,
           S/o SADASIVAN, PANICKERS TOWER, NAMBARUVIKALA,
           KARUNAGAPPALLY, PIN - 690573

    2      THRIVIKRAMANPOTTY, AGED 54 YEARS,
           S/o NARAYANAN POTTY, PROP: SURYA ASSOCIATES,
           RESDING AT: VANCHIYOOR ILLAM, SRP MARKET,
           THAZHAVA, KARUNAGAPPALLY, KOLLAM, PIN - 690539


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No.1320 of 2023                     2



                                    JUDGMENT

The petitioner/decree holder came up seeking an early

disposal of the pending execution petition. It is fairly

submitted that yet another application is pending, a

claim petition preferred by a stranger, who is the second

respondent herein, and now the same stands for final

hearing on 10.07.2023. Hence, there will be a direction

to the execution court to dispose of the said application

within a time schedule of three weeks from that date and

also to dispose of the E.P within another three months.

Since it is for an early disposal, notice to the

respondents is dispensed with.

The Original Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

APPENDIX OF OP(C) 1320/2023

PETITIONER'S EXHIBITS

Exhibit-P1 THE TRUE COPY OF COMPROMISE AGREEMENT ENTERED BETWEEN THE PARTIES DATED 10.06.2016

Exhibit-P2 THE TRUE COPY OF LOK ADALATH PROCEEDINGS DATED 11.06.2016

Exhibit-P3 THE TRUE COPY OF EP NO. 15/2017 FILED BEFORE THE SUB-COURT AT KARUNAGAPPALLY DATED 01.08.2017

Exhibit-P4 THE TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT BEFORE THE SUB-COURT AT KARUNAGAPPALY DATED 15.11.2017

Exhibit-P5 THE TRUE COPY OF THE JUDGMENT IN OP(C) NO.

431/2018 DATED 18.12.2018

Exhibit-P6 THE TRUE COPY OF THE CLAIM PETITION FILED BY 2ND RESPONDENT/CLAIM PETITIONER TO THE EXECUTION PROCEEDINGS DATED 14.01.2020

Exhibit-P7 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN THE CLAIM PETITION DATED 11.07.2022

Exhibit-P8 THE EXECUTION PROCEEDINGS OF THE YEAR 2017 IS STILL PENDING BEFORE THE COURT BELOW. THE TRUE COPY OF THE E-COURT PROCEEDINGS IN EP NO. 15/2017

// TRUE COPY //

P.A. TO JUDGE