Jaison Alias Antony vs Suhas
2023 Latest Caselaw 2995 Ker

OP(C) NO. 637 OF 2023
                                      1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         OP(C) NO. 637 OF 2023
 AGAINST THE ORDER/JUDGMENT IN EP 268/2017 OF II ADDITIONAL
                           SUB COURT,THRISSUR
PETITIONER/S:

            JAISON ALIAS ANTONY, AGED 50 YEARS
            KOTHAMBERI HOUSE, MAPRANAM P.O., MAPRANAM DESOM,
            MADAYIKONAM VILLAGE, MUKUNDAPURAM TALUK. THRISSUR
            DISTRICT, PIN - 680712

            BY ADVS.
            A.BALAGOPALAN
            A.RAJAGOPALAN
            M.N.MANMADAN
            M.S.IMTHIYAZ AHAMMED
            P.SEENA



RESPONDENT/S:

    1       SUHAS, AGED 53 YEARS, S/O. CHANDRAHASAN,
            THAIVALAPPIL HOUSE, PAZHU P.O., PAZHUVIL DESOM,
            KURUMBILAVU VILLAGE, THRISSUR TALUK, THRISSUR
            DISTRICT, PIN - 680564

    2       MANIKANDAN, S/O.KUNJANM AGED 53 YEARS
            THEKKEPURACKAL HOUSE, KOLAZHY DESOM, KOLAZHY P.O.,
            KOLAZHY VIKLLAGE, THRISSUR TALUK, THRISSUR
            DISTRICT, PIN - 680010


     THIS     OP    (CIVIL)     HAVING    COME   UP    FOR    ADMISSION   ON
13.03.2023,     THE     COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 637 OF 2023
                                 2

                          JUDGMENT

The original petition is filed, inter-alia, to direct the

Court of the 2nd Additional Subordinate Judge, Thrissur

to consider and dispose of EA No.189/2023 in EA

No.889/2022 in EP No.268/2017 in O.S.No.1749/2011

(Ext.P3) within a reasonable time period.

2. The concise case of the petitioner is that he has

filed EA No.889/2022 in EA No.424/2022 in EP

No.268/2017 against the respondents. The petitioner is

not a party in the suit or execution petition. The

petitioner had filed OS No.817/2012 before the Court of

the Subordinate Judge, Irinjalakuda, against the 2nd

respondent for realisation of money. In the said suit, an

order of attachment before judgment was passed. Later,

the petitioner came to learn, in the present suit, the 1 st

respondent has bid in the auction conducted in EP

No.268/2017. Hence the petitioner filed EA No.889/2022

(Ext.P1), to set aside the sale. However, the application OP(C) NO. 637 OF 2023

was dismissed for default. Hence, the petitioner has filed

Ext.P3 application to restore Ext.P1 application. The

petitioner apprehends that before the consideration of

Ext.P3 application, the court below would deliver the

property to the 1 st respondent. Hence, the original

petition.

3. Heard; Sri.A.Balagopalan, the learned Counsel

appearing for the petitioner. Even though notice has

been served on the respondents by special messenger,

there is no appearance for them.

4. In the light of the pleadings and materials on

record and taking into consideration the fact that Ext.P3

application is pending consideration before the court

below and the court below is proceeding with the

execution of the decree in EP No.268/2017, I am of the

view that the court below is to be directed to consider

and dispose of Ext.P3 application within a reasonable

time period and until such time to defer further OP(C) NO. 637 OF 2023

proceedings in EP No.268/2017.

Resultantly, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India,

I direct the Court of the Additional Subordinate Judge,

Thrissur, to consider and dispose of Ext.P3 application,

in accordance with law and as expeditiously as possible,

at any rate, within a period of three weeks from the date

of receipt of a certified copy of this judgment after

affording both sides an opportunity of being heard. Until

such time orders are passed on Ext.P3 application,

further proceedings in EP No.268/2017 shall be

deferred.

Sd/-

C.S.DIAS JUDGE rkc/13.03.23 OP(C) NO. 637 OF 2023

APPENDIX OF OP(C) 637/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF EA 889/2022 FILED BY THE PETITIONER IN EA 424/2022 IN EP 268/2017 IN OS 1749/2011 ON THE FILE OF THE SECOND ADDITIONAL SUB COURT, THRISSUR

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE SECOND ADDITIONAL SUB COURT, THRISSUR IN EXHIBIT P1 APPLICATION ON 14/02/2023

Exhibit3 TRUE COPY OF EA 189/2023 FILED BY THE PETITIONER FOR RESTORING EXHIBIT P1 APPLICATION WHICH WAS DISMISSED FOR DEFAULT ON 14/02/2023.