Kerala High Court
Lakshmi Bai Menon vs Usha
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938
OP(C).No. 2178 of 2016 (O)
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EA.659/2016 IN EP. 22/2016 OF ADDITIONAL SUBORDINATE JUDGE'S
COURT, IRINJALAKUDA.
....
PETITIONER(S)/1ST RESPONDENT:
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LAKSHMI BAI MENON, AGED 80 YEARS,
C/O.MEERA MENON,
SPRING FIELD 2 APARTMENT 303304,
LOKCHANWALA COMPLEX,
VARSOA ANDHERI WEST, MUMBAI 23.
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SRI.M.A.AHAMMAD SAHEER
RESPONDENT(S)/PETITIONERS AND 2ND RESPONDENT:
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1. USHA, AGED 42 YEARS,
D/O.MADATHIKULANGARA KIZHAKEE VEETTIL SANKARAN NAIR,
AND D/O.MATTATHIL MURALEEDHARAN,
MADATHUMPADY VILLAGE AND DESOM, KODUNGALLUR TALUK,
PIN: 680 733.
2. VILASINI G. MENON, AGED 78 YEARS,
S/O.LATE AYIRAMBILLI JANAKIYAMMA,
MURINGOOR VADAKKUMMURI VILLAGE AND DESOM,
MUKUNDAPURAM TALUK, PIN: 680 316.
3. I.NARAYANANKUTTY, AGED 70 YEARS,
S/O.LATE AYIRAMBILLI JANAKIYAMMA,
MURINGOOR VADAKKUMMURI VILLAGE AND DESOM,
MUKUNDAPURAM TALUK, PIN: 680 316.
4. BHARATHI MENON, AGED 76 YEARS,
D/O.LATE AYIRAMBILLI JANAKIYAMMA,
MURINGOOR VADAKKUMMURI VILLAGE AND DESOM,
MUKUNDAPURAM TALUK, PIN: 680 316.
5. LAKSHMEESAN MENON, AGED 68 YEARS,
SOUPARNIKA, MOOLAKKULAM SOUTH P.O.,
PIRAVAM TALUK, KOTTAYAM DISTRICT,
PIN: 686 664.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
OP(C).No. 2178 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE PETITION IN E.P NO.22/2016
DATED 03/02/2016 IN OS.NO.334/2012 ON THE FILE OF
ADDL. SUBORDINATE JUDGE'S COURT, IRINJALAKUDA
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 10/4/2013 IN O.S
NO.334/2012 OF THE ADDL. SUB JUDGE'S COURT,
IRINJALAKUDA
EXHIBIT P3 TRUE COPY OF THE APPLICATION NO.1096/2016 IN OS
NO.334/2012 ON THE FILE OF ADDL. SUBORDINATE
JUDGE'S COURT, IRINJALAKUDA
EXHIBIT P4 TRUE COPY OF THE APPLICATION NO.1097/2016 IN OS
NO.334/2012 ON THE FILE OF ADDL. SUBORDINATE
JUDGE'S COURT, IRINJALAKUDA
EXHIBIT P5 TRUE COPY OF THE APPLICATION NO.1128/2016 IN IA
NO.95/2014 IN OS NO.334/2012 ON THE FILE OF ADDL.
SUBORDINATE JUDGE'S COURT, IRINJALAKUDA
EXHIBIT P6 TRUE COPY OF THE APPLICATION NO.1129/2016 ON IA
NO.95/2014 IN OS NO.3341/2012 ON THE FILE OF ADDL.
SUBORDINATE JUDGE'S COURT, IRINJALAKUDA
EXHIBIT P7 TRUE COPY OF THE APPLICATION EA NO.659/2016 IN EP
NO.22/2016 ON THE FILE OF ADDL. SUBORDINATE
JUDGE'S COURT, IRINJALAKUDA
RESPONDENT(S)' EXHIBITS:
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//TRUE COPY//
P.S.TO JUDGE
Msv/
K.RAMAKRISHNAN, J.
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O.P (C) No.2178 of 2016
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Dated this the 01st day of September, 2016
JUDGMENT
This is an application filed by the petitioner to issue direction to dispose of the application to set aside the ex parte decree prior to effecting the delivery in execution under Article 227 of the Constitution of India.
2. It is alleged in the petition that the suit was filed by the respondent on the assumption that the brother of the petitioner and respondents is no more and in fact, he is alive. But they came to know about the same only later when allotments was made and steps were taken to deliver the property in execution. Now they understood that the brother is alive and he has got legal heirs. So she filed petition to set aside the ex parte decree and that is pending and also filed E.A No.659 of 2015 in E.P.No. 22 of 2016 on the file of the Additional Sub Court, Irinjalakuda for staying the execution proceedings till the application to set aside ex parte decree is disposed of. But the court below had not considered the application and is being adjourned. Hence the O.P(C) No.2178 of 2016 Page numbers petition.
3. Considering the nature of relief claimed, this Court felt that the petition can be disposed of at the admission stage itself giving direction to the execution court to consider E.A No.659 of 2016 within a time bound manner.
4. So, the petition is disposed as follows:
The Additional Sub Court, Irinjalakuda is directed to expedite disposal of E.A No.659 of 2016 in E.P No.22 of 2016 in O.S No334 of 2012 pending before that court as expeditiously as possible, at any rate, within one week from the date of receipt of this judgment. Till then the court below is directed to keep in abeyance the execution in E.P No.22 of 2016 pending. Registry is directed to communicate this judgment to the court below by phone and then by fax immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE vdv/06/08/16