Kerala High Court
Sabarinath vs Vasanthakumari on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
OP(C) NO. 663 OF 2023
TO CONSIDER AND DISPOSE OF EP 168/2021 IN OS 155/2016 OF
PRINCIPAL SUB COURT , PALAKKAD
PETITIONER/S:
SABARINATH
AGED 30 YEARS
S/O DHANDAPANI, SOPANAM VEEDU, VANIYATHARA,
KODUVAYUR, CHITTUR, PALAKKAD., PIN - 678501
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1 VASANTHAKUMARI
AGED 62 YEARS
W/O RAJAN, THUSHARAM, ANJANAMCODE, KOLLENGODE,
CHITTUR, PALAKKAD., PIN - 678501
2 PRIYA
AGED 35 YEARS
W/O SHIVIN, PRIYA NIVAS, 3RD HOUSE, KADAMKODE
JUNCTION, CHITTUR ROAD, PALAKKAD., PIN - 678013
3 VEDHA (MINOR)
AGED 11 YEARS
D/O SHIVIN, REP. BY COURT GUARDIAN, ADV.FAEQ, BAR
ASSOCIATION, PALAKKAD., PIN - 678001
4 BABY(MINOR)
AGED 6 YEARS
D/O SHIVIN, REP. BY COURT GUARDIAN, ADV.FAEQ, BAR
ASSOCIATION, PALAKKAD., PIN - 678001
5 BABY(MINOR)
AGED 6 YEARS
D/O SHIVIN, REP. BY COURT GUARDIAN, ADV.FAEQ, BAR
ASSOCIATION, PALAKKAD., PIN - 678001
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) No.663 of 2023
C.S DIAS,J.
---------------------------
OP(C) No.663 of 2023
-----------------------------
Dated this the 23rd day of March, 2023.
JUDGMENT
The original petition is filed to direct the Court of
the Subordinate Judge, Palakkad, to consider and
dispose of EP No.168/2021 in OS No.155/2016,
within a reasonable time period.
2. Pursuant to the order dated 16.3.2023 passed
by this Court, the learned Principal Subordinate Judge,
by communication dated 20.3.2023, has informed this
Court that the first judgment-debtor is no more. The
judgment-debtors 3 to 5 are the legal representatives of
the first judgment-debtor. The second judgment-debtor
OP(C) No.663 of 2023
has entered appearance through counsel and the
judgment-debtors 4 and 5 entered appearance through
court guardian. The execution petition stands posted to
2.6.2023. Proclamation is to be settled. The court
below requires six months' time to dispose of the
execution petition.
3. Heard; Sri.Sajan Vargheese.K, the learned
Counsel appearing for the petitioner. Even though
notice has been served on the learned counsel
appearing for the respondents before the court below,
there is no appearance for them.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Principal Subordinate Judge, in exercise of the
supervisory powers of this Court under Article 227 of
OP(C) No.663 of 2023
the Constitution of India, I direct the Court of the
Principal Subordinate Judge, Palakkad to consider and
dispose of EP No.168/2021 in OS No.155/2016 in
accordance with law and as expeditiously as possible,
at any rate within a period of six months from the date
of receipt of a certified copy of the judgment.
The original petition is ordered accordingly.
sd/-
sks/23.3.2023 C.S.DIAS, JUDGE
OP(C) No.663 of 2023
APPENDIX OF OP(C) 663/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DECREE DATED 13.09.2018
PASSED IN OS NO.155/2016 ON THE FILE OF
SUBORDINATE COURT, PALAKKAD
Exhibit P2 TRUE COPY OF THE EXECUTION PETITION VIZ.
EP NO.168/2021 IN OS NO.155/2016 ON THE
FILE OF SUBORDINATE COURT, PALAKKAD
