High CourtsSingle Bench(2023) 05 KL CK 0206

Kalyani vs Saji Kuriakose

High Court Of Kerala · Decided on 26 May 2023

HON’BLE JUDGES
P.Somarajan, J
RESULT
Allowed
CASE NUMBER
Original Petition (C)No. 1084 Of 2023

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Judgment

4 paragraphs · 199 words

P.Somarajan, J

1.

The only relief sought by the petitioners is for an early disposal of I.A.Nos. 1000/2023, 1001/2023, 1016/2023 in I.A.No.3522/2015 in O.S.No.472/2013 of the Principal Subordinate Judge's Court, Palakkad. It is submitted by the learned counsel for the petitioners that execution proceedings based on the compromise decree is going on. The compromise was recorded in English and both the petitioners are not familiar with English, it is alleged. The compromise was entered into without knowing its legal consequences, it is further alleged. This petition is to recall and set aside the compromise and also to restore the petition submitted for that purpose with an application to condone the delay besides the stay application. Hence, it is not at all necessary to issue notice to the respondent.

2.

There will be a direction to the trial court to serve notice to the respondent through the counsel appeared in the execution proceedings and to dispose of the said applications in a time bound manner within a period of three months from the date of appearance, for which the parties shall appear before that court on 16/06/2023. Till that time, delivery proceedings shall stand deferred.

The O.P.(C) is allowed accordingly.