Kerala High Court
Rajeev vs K.K.Soman on 1 November, 2024
2024:KER:81176
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(C) NO. 935 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 21.02.2023 IN EP NO.39 OF
2019 OF MUNSIFF COURT,KAYAMKULAM
PETITIONER:
RAJEEV
AGED 58 YEARS
S/O SADANANDAN,KOONTHOLIL VEEDU, CHIRAKKADAVAM MURI,
KAYAMKULAM VILLAGE, NOW RESIDING AT URAKARISSERIL
VEEDU, OLAKETTIYAMBALAM MURI, THEKKEKKARA VILLAGE,
ALAPPUZHA., PIN - 690107
BY ADVS.
T.S.HARIKUMAR
P.B.SAHASRANAMAN
RESPONDENT:
K.K.SOMAN
AGED 59 YEARS
S/O KRISHNAN, KAANAMKOMATH VEEDU, KADUVINAL MURI,
VALLIKUNNAM, ALAPPUZHA., PIN - 690501
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 935 of 2023 :2:
2024:KER:81176
VIJU ABRAHAM , J.
===========================
OP(C) No. 935 of 2023
============================
Dated this the 1st day of November, 2024
JUDGMENT
Petitioner has approached this Court seeking to set aside
Ext.P9 order, whereby EA No.143 of 2021 and EA No.144 of 2021 in
EP No.39 of 2019 in OS No.461 of 2017 on the file of the Munsiff
Court, Kayamkulam filed seeking to review Ext.P3 order has been
dismissed on the ground of delay.
2. The learned Counsel for the petitioner submits that Ext.P5
application seeking review of the execution petition was
accompanied by Ext.P7 application seeking condonation of delay of
194 days in filing the same, which has now been rejected by Ext.P9.
The learned Counsel for the petitioner submits that the said
application was filed during covid period, and that he is entitled for
the extension of period of limitation excluding the period from
15.03.2020 to 02.10.2021.
3. Though notice was issued to the respondent there is no
appearance on his behalf. A perusal of Ext.P9 order would reveal that
there is no consideration as to the exemption granted in the matter
of limitation by the Apex Court during the covid period. Therefore,
2024:KER:81176
Ext.P9 is set aside with a consequential direction to the trial Court to
reconsider Exts.P5 and P7 afresh in accordance with law. Petitioner
will be free to produce copies of the orders of the Apex Court which
shall be duly considered by the execution Court while reconsidering
the matter as directed above.
The original petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:81176
APPENDIX OF OP(C) 935/2023
PETITIONER EXHIBITS
Exhibit P.1 THE TRUE PHOTOSTAT COPY OF THE EX-PARTE
JUDGMENT IN O.S.NO.461 OF 2017 OF THE
MUNSIFF COURT, KAYAMKULAM, DATED 11-12-
Exhibit P.2 THE TRUE PHOTOSTAT COPY OF THE E.P.NO.39
OF 2019 IN O.S.NO.461 OF 2017 OF THE
MUNSIFF COURT, KAYAMKULAM, DATED 20-05-
Exhibit P.3 THE TRUE PHOTOSTAT COPY OF THE ORDER IN
E.P.NO.39 OF 2019 IN O.S.NO.461 OF 2017 OF
THE MUNSIFF COURT, KAYAMKULAM, DATED 12-
03-2021
Exhibit P.4 THE TRUE PHOTOSTAT COPY OF THE OBJECTION
FILED BY THE PETITIONER HEREIN IN
E.P.NO.39 OF 2019 IN O.S.NO.461 OF 2017 OF
THE MUNSIFF COURT, KAYAMKULAM, DATED 15-
09-2021
Exhibit P.5 THE TRUE PHOTOSTAT COPY OF E.A.NO.143 OF
2021 IN E.P.NO. 39 OF 2019 IN O.S.NO.461
OF 2017 OF THE MUNSIFF COURT, KAYAMKULAM,
DATED 15-09-2021
Exhibit P.6 THE TRUE PHOTOSTAT COPY OF THE OBJECTION
FILED THE DECREE HOLDER TO E.A.NO.143 OF
2021 IN E.P.NO.39 OF 2019 IN O.S.NO.461 OF
2017 OF THE MUNSIFF COURT, KAYAMKULAM,
DATED 18-11-2022
Exhibit P.7 THE TRUE PHOTOSTAT COPY OF E.A.NO.144 OF
2021 IN E.P.NO. 39 OF 2019 IN O.S.NO.461
OF 2017 OF THE MUNSIFF COURT, KAYAMKULAM
DATED 15-09-2021
Exhibit P.8 THE TRUE PHOTOSTAT COPY OF THE OBJECTION
FILED THE DECREE HOLDER TO E.A.NO.144 OF
2021 IN E.P.NO. 39 OF 2019 IN O.S.NO.461
OF 2017 OF THE MUNSIFF COURT, KAYAMKULAM,
DATED 18-11-2022
2024:KER:81176
Exhibit P9 THE TRUE PHOTOSTAT COPY OF THE COMMON
ORDER IN E.A.NO.143 OF 2021 AND E.A.NO.144
OF 2021 IN E.P.NO.39 OF 2019 IN O.S.NO.461
OF 2017 OF THE MUNSIFF COURT, KAYAMKULAM,
DATED 21-02-2023
