Kerala High Court
E.H.Sainudeen vs E.K.Kani on 24 March, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 14TH DAY OF JANUARY 2013/24TH POUSHA 1934
OP(C).No. 159 of 2013 (O)
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EP NO.42/2010 IN OS.194/2002 OF MUNSIFF'S COURT, KANJIRAPPALLY
PETITIONER(S):
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E.H.SAINUDEEN,
S/O.HAMEED RAWTHER
RESIDING AT EDATHARA HOUSE
PUNNAVELI BHAGOM,ANIKKADU VILLAGE,THIRUVALLA TALUK
PATHANAMTHITTA DISTRICT-689589.
BY ADVS.SRI.TPM.IBRAHIM KHAN (SENIOR ADVOCATE)
SRI.K.M.ABDUL MAJEED
RESPONDENT(S):
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1. E.K.KANI
S/O.HAMEED RAWTHER,EDATHARA HOUSE,PUNNAVELI BHAGAOM
ANIKKADU VILLAGE,THIRUVALLA TALUK
PATHANAMTHITTA DISTRICT-689589.
2. P.M.ABDUL KARIM
S/O.MAIDEENKHAN,RESIDING AT KOLLAMPARAMBIL HOUSE
KANGAZHA KARA & VILLAGE,CHANGANCHERRY TALUK-686541.
3. SMT.P.NAFEESATH BEEVI
W/O.E.H.KANI,PUNNAVELI BHAGOM,ANIKKADU VILLAGE
THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT-689589.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2013, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C)NO.159/2013
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 A PHOTOSTAT COPY OF THE COMMON JUDGMENT DATED 24.03.2007 OF THE
MUNSIFF'S COURT, KANJIRAPPALLY IN OS NO.194 AND 280/2002
EXT.P2 A PHOTOSTAT COPY OF THE DECREE DATED 24.3.2007 OF THE MUNSIFF'S COURT,
KANJIRAPPALLY IN OS NO.194/2002
EXT.P3 A PHOTOSTAT COPY OF THE EXECUTION PETITION NO.42 OF 2010 FILED BY THE
PETITIONER BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY AGAINST THE DECREE AND
JUDGMENT IN OS NO.194/2002
EXT.P4 A PHOTOSTAT COPY OF THE B DIARY IN EXECUTION PETITION IN THE COURT OF
THE MUNSIFF'S KANJIRAPPALLY IN EP NO.42/2010 IN OS 194/2002
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY//
P.S.TO JUDGE
THOMAS P. JOSEPH, J.
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O.P.(C). No.159 of 2013
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Dated this the 14th day of January, 2013.
JUDGMENT
The prayer in this Original Petition is for a direction to the learned Munsiff, Kanjirappally for expeditious disposal of E.P.No.42 of 2010 in O.S.No.194 of 2002 of that court.
2. The petitioner/decree holder has obtained a decree for fixation of boundary and other reliefs in that suit and filed E.P.No.42 of 2010 to execute the decree. The grievance of the petitioner is that though there was 75 postings in the execution petition, nothing worthwhile has happened and that the execution petition is being dragged on for some reason or the other.
3. The learned Senior Advocate has referred to me Ext.P4, copy of proceeding of the executing court to contend that the execution petition is being adjourned for hearing indefinitely.
4. Having regard to Ext.P4 and the submission made by the learned Senior Advocate, I am inclined to think that the executing court has to dispose of E.P.No.42 of 2010 as early as possible.
OP(C) No.159/2013 2
Resultantly the original petition is disposed of directing the learned Munsiff, Kanjirappally to expedite proceedings in E.P.No.42 of 2010 and dispose of the same as early as possible having regard to the grievance of the petitioner.
THOMAS P.JOSEPH, Judge.
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