Muhammed Iqbal vs Muhammed Youfas
2024 Latest Caselaw 27837 Ker

Kerala High Court

Muhammed Iqbal vs Muhammed Youfas on 13 September, 2024

O.P(C). No.1115 of 2024                   1

                                                               2024:KER:70121

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                          OP(C) NO. 1115 OF 2024

        EP   NO.82/2023IN   OS   NO.412       OF   2017   OF   MUNSIFF   COURT,

PERUMBAVOOR


PETITIONER/DECREE HOLDER:

             MUHAMMED IQBAL, AGED 59 YEARS
             S/O. ABDU RAHIM, EDAVANAKKAD HOUSE, MALAMURI,
             PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK,
             ERNAKULAM DISTRICT., PIN - 683542


             BY ADVS.
             K.V.JAYADEEP MENON
             T.P.RAMESH (THENGUMPILLIL)
             P.KRISHNAPRIYA




RESPONDENT/JUDGMENT DEBTOR:

             MUHAMMED YOUFAS, AGED 30 YEARS
             S/O. SAJITHA, PARATTU HOUSE, ORUMANIYOOR VILLAGE,
             CHAVAKKAD TALUK, THRISSUR DISTRICT., PIN - 680512



       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(C). No.1115 of 2024                              2

                                                                                2024:KER:70121

                                  VIJU ABRAHAM, J.
                  .................................................................
                              O.P(C). No.1115 of 2024
                  .................................................................
                 Dated this the 13th day of September, 2024

                                        JUDGMENT

The petitioner has approached this Court seeking a direction to the

trial court to dispose of E.A.No.223 of 2023 in E.P.No.82 of 2023 in O.S.No.412

of 2017.

2. When the matter came up for consideration on 02.09.2024, this Court

has called for a report from the Munsiff's Court, Perumbavoor regarding the

present status of E.A.No.223 of 2023. A report has been filed on 12.09.2024

stating that the petition has been filed on 11.08.2023 and the application stands

posted for objection and hearing on 26.10.2024.

Taking into consideration the contention of the petitioner that since

189 sovereigns are antique gold, a decision in this regard has to be taken

without much delay, the original petition is disposed of with a direction to the

Civil Judge (Junior Division), Perumbavoor to consider and pass orders on

E.A.No.223 of 2023 in E.P.No.82 of 2023 in O.S.No.412 of 2017 without any

delay, at any rate, within an outer limit of one month from 26.10.2024.

Sd/-

VIJU ABRAHAM JUDGE

cks

2024:KER:70121

APPENDIX OF OP(C) 1115/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE DECREE AND FAMILY

OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT; PERUMBAVOOR

Exhibit P2 TRUE PHOTOCOPY OF THE EXECUTION PETITION FILED ON 01.12.2020 AS E.P. NO.125 OF 2020 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR

Exhibit P3 TRUE PHOTOCOPY OF THE OBJECTION DATED 25.08.2021 FILED BY THE PETITIONER HEREIN IN E.P. NO.125 OF 2020 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT; PERUMBAVOOR

Exhibit P4 TRUE PHOTOCOPY OF THE OBJECTION FILED ON 10.09.2021 FILED BY THE WIFE OF THE PETITIONER HEREIN IN E.P. NO.125 OF 2020 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT; PERUMBAVOOR

Exhibit P5 TRUE PHOTOCOPY OF THE ORDER DATED 31.01.2023 IN E.P. NO.125 OF 2020 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT; PERUMBAVOOR

Exhibit P6 TRUE PHOTOCOPY OF THE EXECUTION PETITION FILED ON 03.03.2023 AS E.P.NO.82 OF 2023 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR FILED BY THE PETITIONER

Exhibit P7 TRUE PHOTOCOPY OF THE APPLICATION DATED 10.08.2023 FILED AS E.A. NO.223 OF 2023 IN E.P.NO.82 OF 2023 IN O.S NO. 412 OF 2017 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR FILED BY THE PETITIONER