Vasudevan Achary v. Muraleedharan Achary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 OP(C).No. 121 of 2015 (O) ------------------------------------ OS 53/2000 of MUNSIFF COURT, CHENGANNUR -------------- PETITIONER(S):

---------------------- VASUDEVAN ACHARY, S/O. PARAMESWARAN ACHARY, THEKKEVEETTIL VENMONY WEST MURI, VENMONY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA.

BY ADVS.SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENT(S):

------------------------- MURALEEDHARAN ACHARY, S/O. PARAMESWARAN ACHARY, THKKEVEETTIL, VENMONY WEST MURI, VENMONY VILLAGE, CHENGANNUR TALUK ALAPPUZHA-689589.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 121 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF EP NO.42/2013 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT, CHENGANNUR, FILED BY THE RESPONDENT DT.18/10/17 P2 :

COPY OF EA NO.55/2013 IN EP NO.42/2013 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT, CHENGANNUR FILED BY THE RESPONDENT DT.21/5/14 P3 :

COPY OF OBJECTION FILED TO EP NO.42/2013 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT, CHENGANNUR BY THE PETITIONER, DT.27/9/14 P4 :

COPY OF IA NO.1345/2014 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT, CHENGANNUR, FILED BY THE PETITIONER DT.30/9/14 P5 :

COPY OF IA NO.1344/2014 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT CHENGANNUR FILED BY THE PETITIONER DT.30/9/14 P6 :

COPY OF EA NO.74/2014 IN EP NO.42/2013 IN OS NO.53/2000 PENDING ON THE FILES OF THE MUNSIFF COURT, CHENGANNUR, FILED BY THE PETITIONER. P7 :

COPY OF JUDGMENT DTD.29.10.2014 IN OPC NO.2500/2014 OF THE HON'BLE HIGH COURT OF KERALA.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 121 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2015.

JUDGMENT

This is a petition for direction to the court below to dispose of Exts. P4, P5 and P6 petitions before proceeding with the execution petition.

2. This Court, by Ext.P7 judgment dated 29.10.2014 noting the sad plight of the decree holder, directed that the execution proceedings be completed within a period of one month from the date of receipt of a copy of this judgment. The apprehension expressed by the petitioner is that in the light of the time fixed by this Court to dispose of the execution petition, the pending applications Exts. P4, P5 and P6 may not be attended to by the court below.

3. The apprehension is clearly misplaced. There is no reason to believe that the court below will not dispose

O.P.(C).121/2015.

of the matter in accordance with law. This Court while passing Ext.P7 has not directed the court below not to consider any application pending before it.

This Original Petition is without merits and it is accordingly dismissed.

P. BHAVADASAN, sb.

JUDGE