N.Madhava Paniker vs Dhananjayan
2023 Latest Caselaw 3629 Ker

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OP(C) No.180 of 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                         OP(C) NO. 180 OF 2023
TO CONSIDER AND DISPOSE OF EP 265/2020 IN OS 1416/2014 OF THE
                      MUNSIFF COURT , THALIPARAMBA
PETITIONER/S:

             N.MADHAVA PANIKER
             MADHURIMAYIL, H.NO.25/610 THEVALLY.P.O. KOLLAM, PIN
             - 691009
             BY ADVS.
             RESMI A.
             R.KRISHNA RAJ
             E.S.SONI
             KUMARI SANGEETHA S.NAIR


RESPONDENT/S:

             DHANANJAYAN
             S/O.KANNAN ,PROPRIETOR OF M/S. HI-TECH INDUSTRIES
             PUTHIYAVEETTIL HOUSE, HOUSE NO.252B, WARD NO.22,
             KEEZHATTUR, TALIPARAMBA.P.O., PIN-670 141, KANNUR,
     THIS     OP    (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
29.03.2023,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
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OP(C) No.180 of 2023



                       C.S DIAS,J.
                    ---------------------------
                  OP(C) No.180 of 2023
                   -----------------------------
          Dated this the 29th day of March, 2023.

                       JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Thaliparamba, to consider and dispose of

EP No.265/2020 in OS No.1416/2014 within a

reasonable time period.

2. Pursuant to the order dated 25.1.2023 passed

by this Court, the learned Munsiff, by communication

dated 2.2.2023, has informed this Court that the

execution petition stands posted to 30.3.2023 for the

draft sale proclamation. The court below would make

OP(C) No.180 of 2023

an endeavor to dispose of the execution petition within

nine months.

3. Heard; Sri.R.Krishna Raj, the learned

Counsel appearing for the petitioner. Even though

notice has been served on the learned counsel

appearing for the respondent before the court below,

there is no appearance for him.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Munsiff, Thaliparamba,

to consider and dispose of EP No.265/2020 in OS

No.1416/2014, in accordance with law and as

expeditiously as possible, at any rate within a period

OP(C) No.180 of 2023

of nine months from the date of receipt of a certified

copy of the judgment.

The original petition is ordered accordingly.

SD/-

sks/29.3.2023                   C.S.DIAS, JUDGE

OP(C) No.180 of 2023

                       APPENDIX OF OP(C) 180/2023

PETITIONER EXHIBITS
Exhibit P-1         TRUE COPY OF THE JUDGEMENT IN O.S.
                    NO.1416/2014 DATED 21.07.2015
Exhibit P-2         TRUE COPY OF THE EXECUTION PETITION NO.

265/2020 PENDING BEFORE THE MUNSIFF COURT, THALIPPARAMB DATED 03.12.2020