Geetha vs Athira Asok
2023 Latest Caselaw 9771 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                         OP(C) NO. 1571 OF 2023
      AGAINST THE ORDER/JUDGMENT OS 238/2019 OF MUNSIFF
                               COURT,VARKALA
                   EP 5/2022 OF MUNSIFF COURT,VARKALA
PETITIONER/PETITIONER/JUDGMENT DEBTER/DEFENDANT:

             GEETHA
             AGED 50 YEARS, W/O. ASHOKAN,
             KAIRALY BHAVAN, KOYIPAD, MEENADU VILLAGE,
             KOLLAM TALUK, NOW RESIDING AT
             PUTHOORAM VEEDU, VETTUKADU, KULAMUTTOM P.O.,
             KAVALAYOOR, MANAMBOOR VILLAGE,
             VARKALA TALUK, PIN - 695144
             BY ADVS.
             ANEESH JAMES
             JIJO THOMAS
             M.D.BEENA

RESPONDENT/RESPONDENT/DECREE HOLDER/PLAINTIFF:

             ATHIRA ASOK
             AGED 28 YEARS, D/O. ASOK,
             POIKAMUKKU, AVANAVANCHERY, NOW RESIDING
             AT PUTHOORAM VEEDU, KULAMADA P.O.,
             VETTUKADU, MANAMBOOR VILLAGE, PIN - 691574
             BY ADV.
             SRI.M.DINESH



     THIS     OP    (CIVIL)    HAVING   COME   UP    FOR    ADMISSION    ON
13.09.2023,     THE    COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No. 1571 of 2023
                                    :2:


                     DEVAN RAMACHANDRAN, J.
                =========================
                       O.P.(C).No. 1571 of 2023
               ==========================
              Dated this the 13th day of September, 2023

                                JUDGMENT

Even though the petitioner filed this Original Petition, seeking

that Exts.P3 and P4 petitions - stated to have been filed by him in

O.S.No.238/2019 on the files of the learned Munsiff's Court,

Varkala, be directed to be disposed of within a time frame, when a

report was called by the Registry of this Court from the Trial Court,

it was reported that said petitions had been filed in the Execution

Petition and not in the Original Suit.

2. Sri.Aneesh James - learned counsel for the petitioner, today

submitted that his client does not intend to join issue on the

question whether Exts.P3 and P4 were filed in the Original

Petition; and, therefore, that his client has withdrawn the same and

subsequently filed Exts.P10 and P11, which have been numbered

as I.A.No.1/2023 and I.A.No.2/2023 in R.P.No.87/2023, before the

learned Munsiff's Court, Varkala. He thus prayed that said I.A.s be

directed to be taken up by the said Court and disposed of without

any further delay.

3. Sri.M.Dinesh - learned counsel appearing for the

respondent, did not oppose the afore request of the petitioner. O.P.(C).No. 1571 of 2023

In the afore circumstances, I allow this original petition,

directing the learned Munsiff's Court, Varkala, to take up Exts.P10

and P11 - if they have been filed and numbered as stated by the

petitioner - and dispose of the same, after affording necessary

opportunity to both sides; as expeditiously as is possible, but not

later than one month from the date of receipt of a copy of this

judgment.

Needless to say, until such time as the afore exercise is

completed, all further proceedings in Ext.P5 Execution Petition

shall stand deferred, and it will be taken forward only depending

upon the decision to be arrived at by the learned Munsiff, Varkala,

as afore.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm O.P.(C).No. 1571 of 2023

APPENDIX OF OP(C) 1571/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 04.02.2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA IN CMP NO. 1150/2019 IN M.C. NO. 14/2019 Exhibit P2 A TRUE COPY OF THE EX PARTE JUDGMENT DATED 30.03.2021 PASSED BY THE MUNSIFF COURT, VARKALA IN O.S. NO. 238/2019 Exhibit P3 A TRUE COPY OF I.A. NO. 1/ 2023 IN O.S.

NO. 238/2019 ON THE FILES OF THE MUNSIFF COURT, VARKALA Exhibit P4 A TRUE COPY OF I.A. NO. 2/2023 IN O.S.

NO. 238/2019 ON THE FILES OF THE MUNSIFF COURT, VARKALA Exhibit P5 A TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT AS E.P. NO. 5/2022 IN O.S. NO. 238/2019 BEFORE THE MUNSIFF COURT, VARKALA Exhibit P6 A TRUE COPY OF EA NO. 1 OF 2023 FILED BY THE PETITIONER IN E.P. NO. 5/2022 ON THE FILES OF THE MUNSIFF COURT, VARKALA Exhibit P7 A TRUE COPY OF THE ORDER OF THE MUNSIFF COURT, VARKALA DATED 07.07.2023 IN E.A. NO. 1/2023 IN E.P. NO. 5/2022 IN O.S. NO. 238/2019 Exhibit P8 A TRUE COPY OF THE MEMO DATED 4-9-2023 FILED BY THE PETITIONER IN EA NO 3/2023 IN EP NO.5/2022 IN OS NO.238/2019 BEFORE THE MUNSIFF COURT VARKALA Exhibit P9 A TRUE COPY OF THE MEMO DATED 4-9-2023 FILED BY THE PETITIONER IN EA NO2/2023 IN EP NO.5/2022 IN OS NO.238/2019 BEFORE THE MUNSIFF COURT VARKALA Exhibit P10 A TRUE COPY OF THE IA NO.1/2023 IN RP NO.87/2023IN OS NO.238/2019 ON THE FILES OF THE MUNSIFF COURT VARKALA Exhibit P11 A TRUE COPY OF THE IA NO.2/2023 IN RP 87/2023 IN OS NO.238/2019ON THE FILES OF THE MUNSIFF COURT VARKALA