Kerala High Court
Jayamohan vs Venkitesh on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G. GIRISH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
OP(C) NO.933 OF 2024
AGAINST EP NO.32 OF 2020 OF ASSISTANT SESSIONS
COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,
THIRUVANANTHAPURAM
PETITIONER/PLAINTIFF/DECREE HOLDER:
JAYAMOHAN
AGED 65 YEARS, S/O CHELLAPPAN PANICKER SUMANGALA
MANDIRAM KARAKONAM, KUNNATHUKAL DESOM KUNNATHUKAL
VILLAGE, THIRUVANANTHAPURAM, PIN - 695 504
BY ADVS.
S.KRISHNA
GOVIND R.
RESPONDENT/1ST DEFENDANT/JUDGMENT DEBTOR:
VENKITESH
S/O NARAYANAN POTTY, T.C.37/12-4, THAMMAN THERUVU
FORT, THIRUVANANTHAPURAM, PIN - 695 023
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) No.933 of 2024
G. GIRISH, J.
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OP(C) No.933 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner is the plaintiff in O.S.No.15 of 2014 on the
files of the Sub Court, Neyyattinkara, who was successful in
getting a decree in his favour for the realization of money from
the defendants. He approached the Execution Court, filing
E.P.No.32 of 2020 for the enforcement of the aforesaid decree.
2. Aggrieved by the delay in the disposal of the aforesaid
Execution Petition, he has approached this Court with the
present petition filed under Article 227 of the Constitution of
India for a direction to the Executing Court to dispose of the
aforesaid Execution Petition as expeditiously as possible within a
time frame fixed by this Court.
3. It is stated that the petitioner is aged 65 years and
suffering from various ailments including cardiac issues.
According to him, the mounting medical expenses has made his
life miserable, and that the delay in enjoying the fruits of the
decree, which he obtained in the year 2019, has been causing
much hardships and sufferings.
4. On 12.04.2024, this Court has called for a report from
the Executing Court concerned about the time required for the
final disposal of the Execution Petition. The learned Principal Sub
Judge, Thiruvananthapuram, in his letter dated 18.05.2024, has
sought three months' time for the final disposal of the said
Execution Petition. It is stated in the aforesaid report that the
evidence of the decree holder, in connection with the means of
the judgment debtor, is already over and the case now stands
posted to 24.05.2024 for the evidence of judgment debtor. It
appears from the aforesaid report of the learned Sub Judge that
there is absolutely no impediment in proceeding with the
Execution Petition and getting it disposed of at an early date.
5. Having regard to the above report of the learned
Principal Sub Judge, and also taking into account of the facts and
circumstances of the case as stated above, I deem it appropriate
to direct the Executing Court to dispose of E.P.No.32 of 2020
filed in O.S.No.15 of 2014 of the Sub Court, Neyyattinkara, as
expeditiously as possible, at any rate, within a period of three
months from the date of receipt of a copy of this judgment.
The original petition is disposed of as above.
Sd/-
G. GIRISH, JUDGE
ded
APPENDIX OF OP(C) 933/2024
PETITIONER EXHIBITS
Exhibit P1 CERTIFIED COPY OF THE JUDGMENT IN O.S 15
OF 2014 IN THE COURT OF THE SUB JUDGE,
NEYYATTINKARA DATED 30.09.2019
Exhibit P2 A TRUE COPY OF THE E.P NO 32 OF 2020
DATED 10.01.2020 ON THE FILES OF SUB
COURT, THIRUVANANTHAPURAM
Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATES
OF THE PETITIONER
