Abhilashberley vs Sugunanda Vilasam ...
2023 Latest Caselaw 10548 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                    OP(C) NO. 2105 OF 2023
 AGAINST THE PROCEEDINGS IN E.A. NO.43/2023 DATED 22.06.2023
 IN E.A.NO.117/2019 IN E.P.NO.348/2016 IN OS 46/2006 OF
                     SUB COURT, ALAPPUZHA
ORIGNAL PETITIONER/PETITIONER/CLAIM PETITIONER:

             ABHILASH BERLEY
             AGED 43 YEARS
             S/O BERLEY,PALLIPPARAMBIL HOUSE,KATTOOR P O,
             ALAPUZHA DISTRICT-688522, PIN - 688522
             BY ADV K.C.SUDHEER


RESPONDENT/RESPONDENT/DH:

             SUGUNANDA VILASAM SOCIETY NO.130/1985,KATTOOR
             MURI,KALAVOOR VILLAGE,KALAVOOR P O, AMBALAPPUZHA
             TALUK,ALAPPUZHA DISTRICT-688522 REPRESENTED BY ITS
             PRESIDENT., PIN - 688522

     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
16.10.2023,     THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2105 OF 2023

                                    2




                             JUDGMENT

The petitioner makes a limited plea, that E.A No. 43/2023 in

O.S No.46/2006 before the Sub Court, Alappuzha, be directed to

be disposed of at the earliest.

2. Noticing the afore limited plea of the petitioner, this

Court had called for a report from the learned Sub Judge,

Alappuzha, which is now available.

3. The learned Judge has reported that, since the afore

application was filed without serving copy on the respondent -

decree holder, notice was issued to him; and that the application is

next posted to 4.11.2023. He has also reported that same will be

disposed of on the same day.

4. Taking note of the afore report, I do not think it is

necessary to issue notice to the respondent because it will also be

in his interest that the litigation is disposed of at the earliest.

In the afore circumstances, recording the report, I allow this

Original Petition with a consequential direction to the learned Sub

Judge to dispose of E.A No. 43/2023 in O.S.No.46/2006, as

expeditiously as is possible, but not later than ten days from

04.11.2023.

                             Sd/-    DEVAN RAMACHANDRAN,
                                              JUDGE
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 OP(C) NO. 2105 OF 2023




                  APPENDIX OF OP(C) 2105/2023

PETITIONER EXHIBITS
Exhibit -P1              COPY OF THE JUDGEMENT DATED 20/6/2023

IN AS NO 62/2021 BEFORE THE ADDITIONAL DISTRICT JUDGE-2, ALAPPUZHA Exhibit -P2 COPY OF ORDER DATED 18/12/2019 IN EA NO.117/2019 FILED BY THE PETITIONER IN EP NO.348/2016 IN OS NO.46/2006 OF SUB COURT, ALAPPUZHA Exhibit -P3 COPY OF DECREE DATED20/-7/2006 IN OS NO.46/2006 PASSED BY THE SUB COURT, ALAPPUZHA Exhibit-P4 COPY OF THE APPEAL MEMORANDUM Exhibit-P5 COPY OF TAX RECEIPT OF PETITIONER'S PROPERTY DATED 3/06/2022 ISSUED FROM THE VILLAGE OFFICE KALAVOOR Exhibit-P6 COPY OF THE TITLE DEED OF THE PETITIONER'S PROPERTY NO.267/1999 OF SRO, MARARIKKULAM DATED 20/01/1999 Exhibit-P7 COPY OF THE JUDGMENT DATED 20/07/2006 IN OS NO.46/2006 OF SUB COURT, ALAPPUZHA Exhibit-P8 COPY OF PLAINT IN OS NO.46/2006 DATED 4/04/2006 OF SUB COURT, ALAPUZHA Exhibit-P9 COPY OF AGREEMENT DATED 15/04/1997 FILED IN OS NO.46/2006 OF SUB COURT, ALAPPUZHA Exhibit -P10 COPY OF EP NO.348/2016 DATED 14/10/2016 IN OS NO.46/2006 OF SUB COURT, ALAPPUZHA Exhibit -P11 COPY OF EA NO.242/2018 IN EP NO.348/2016 DATED 6/12/2018 OF SUB COURT, ALAPPUZHA Exhibit 12 COPY OF EA NO 43/2023 IN EP NO.348/2016 IN OS NO.46/2006.

OP(C) NO. 2105 OF 2023

RESPONDENTS EXHIBITS: NIL TRUE COPY

P.A TO JUDGE

LSN