Sivanandan vs Mohanan on 27 March, 2019

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Kerala High Court

Sivanandan vs Mohanan on 27 March, 2019

Bench: Sunil Thomas

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941

                       OP(C).No. 224 of 2019

  (SEEKING DIRECTION TO THE MUNSIFF COURT, ATTINGAL TO DISPOSE
EXHIBIT-P2 EP.NO.53/2016 IN OS 165/2007 WITHIN A TIME FRAME FIXED
                     BY THIS HON'BLE COURT)

PETITIONER/S:
             SIVANANDAN, AGED 65 YEARS, S/O.NARAYANAN, PARVATHI
             NIVAS, EAST OF L.M.S., ATTINGAL, THIRUVANANTHAPURAM
             DISTRICT.

             BY ADV. SRI.J.JAYAKUMAR

RESPONDENT/S:
      1     MOHANAN, S/O.DAMODHARAN, CHARUVILA VEETIL , EAST OF
            L.M.S., THIRUVANANTHAPURAM DISTRICT 695101.

      2      VALSALA, S/O.DAMODHARAN, CHARUVILA VEETIL , EAST OF
             L.M.S., THIRUVANANTHAPURAM DISTRICT 695101.

      3      SURESH, D/O.DAMODHARAN, CHARUVILA VEETIL , EAST OF
             L.M.S., THIRUVANANTHAPURAM DISTRICT 695101.

      4      GOPAKUMAR, S/O.DAMODHARAN, CHARUVILA VEETIL , EAST
             OF L.M.S.,
             THIRUVANANTHAPURAM DISTRICT 695101.

      5      CHANDRIKA, PONNOLIYIL, NEAR TOWN HALL, ATTINGAL,
             THIRUVANANTHAPURAM DISTRICT 695101.

      6      USHA, KRISHNA BHAVAN, NEAR VALIYAKUNNU GOVERNMENT
             HOSPITAL, KIZHUVILAM.P.O., 195104,

      7      OMANA, CHARUVILA VEETIL, EAST OF LMS., ATTINGAL,
             THIRUVANANTHAPURAM DISTRICT 695101.

      8      ANITHA, CHARUVILA VEETIL, EAST OF LMS., ATTINGAL,
             THIRUVANANTHAPURAM DISTRICT 695101.

      9      SURENDRAN, CHARUVILA VEETIL, EAST OF LMS., ATTINGAL,
             THIRUVANANTHAPURAM DISTRICT 695101.

             BY ADV. SRI.RAJESH. K.RAJU

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 OP(C).No. 224 of 2019
                                    2




                         JUDGMENT

R1 to R4 and R9 appeared. service is complete. Respondents appeared and opposed the application.

2. The limited prayer sought by the petitioner is for a direction to the execution court for an expeditious disposal of EP.No.53/2016 in OS.No.165/2007 pending before the Munsiff's Court, Attingal, within a time frame fixed by this court. Pursuant to a direction issued from this court, the learned Munsiff, Attingal by his communication dated 29.01.2019, has undertaken to dispose of the EP within two months. Accordingly, considering the long pendency of the matter and that the decree is of the year 2007, the above time limit is liable to be fixed. Hence, I am inclined to dispose of the OP(C) itself, with a direction to the court below to expedite proceedings in EP.No.53/2016 in OS.No.165/2006 pending before the Munsiff's Court, Attingal and to pass final orders as expeditiously as possible, at any rate, within a period of OP(C).No. 224 of 2019 3 two months from the date of reopening after mid summer holidays.

O.P.(C) is disposed of as above.

Sd/-

SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge OP(C).No. 224 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FINAL DECREE DATED 21/12/2015 IN I.A.NO.2206/20-10 IN O.S.NO.165/2007 OF MUNSIFF COURT, ATTINGAL.

EXHIBIT P2 TRUE COPY OF E.P.NO.53/2016 IN O.S.NO.165/2007 OF MUNSIFF COURT, ATTINGAL FILED BY PETITIONER AND OTHERS.

EXHIBIT P3 TRUE COPY OF E.P.NO.54/2016 IN O.S.NO.165/2007 FILED BY THE DEFENDANTS 11 TO 14 BEFORE THE MUNSIFF COURT, ATTINGAL.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22/09/2015 IN OP(C)NO.2255/2015 OF THIS HON'BLE COURT.

   RESPONDENT'S/S EXHIBITS               NIL

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