Carolyn Ann Price vs Adnan Saffiyullah
2023 Latest Caselaw 3691 Ker

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OP(C) No.567 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. 567 OF 2023
       TO CONSIDER AND DISPOSE OF EP 6/2022 OF MUNSIFF
                               COURT,VARKALA
PETITIONER/S:

             CAROLYN ANN PRICE
             AGED 87 YEARS
             D/O TOM PRICE, FROM 409, WEST LEGION, P.O BOX -
             1088, WHITEHALL, MONTANA - 5975, UNITED STATES OF
             AMERICA, NOW RESIDING AT NO2/48, DHRISYA,
             MANGALINALAKAM ROAD, VARKALA, VARKALA VILLAGE,
             VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141
             BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

             ADNAN SAFFIYULLAH
             S/O SAFFIYULLA, RESIDING AT AL AMAL, ODAYAM,
             KURAKKANNI DESOM, VARKALA VILLAGE, VARKALA TALUK,
             THIRUVANANTHAPURAM, PIN - 695141
     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.567 of 2023

                       C.S DIAS,J.
                    ---------------------------
                  OP(C) No.567 of 2023
                   -----------------------------
          Dated this the 29th day of March, 2023.

                       JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Varkala, to consider and dispose of EP

No.6/2022 in OS No.203/2021 expeditiously.

2. Pursuant to the order dated 6.3.2023 passed

by this Court, the learned Munsiff, by communication

dated 9.3.2023, has informed this Court that the

execution petition stands posted to 18.3.2023 for the

appearance of the judgment-debtor. The court below

would make an endeavor to dispose of the execution

petition within six months.

OP(C) No.567 of 2023

3. Heard; Sri.Latheesh Sebastian, 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, Varkala, to

consider and dispose of EP No.6/2022 in OS

No.203/2021, in accordance with law and as

expeditiously as possible, at any rate within a period

OP(C) No.567 of 2023

of six 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.567 of 2023

APPENDIX OF OP(C) 567/2023

PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE DECREE IN O.S NO 203/2021 OF MUNSIFF COURT, VARKALA DATED 10.02.2022 Exhibit2 TRUE COPY OF THE EXECUTION PETITION NO 6 OF 2022 IN O.S NO 203/2021 OF MUNSIFF COURT, VARKALA DATED 05.04.2022 ExhibitP3 TRUE COPY OF THE VISA OF THE PETITIONER DATED 12.12.2022 ISSUED FROM FOREIGNERS REGIONAL REGISTRATION OFFICE, THIRUVANANTHAPURAM