High CourtsSingle Bench(2021) 04 KL CK 0051

T.V. Joseph vs Mercy George And Ors

High Court Of Kerala · Decided on 8 April 2021

HON’BLE JUDGES
T.V. Anilkumar, J
RESULT
Allowed
CASE NUMBER
Original Petition (C) No. 651 Of 2021

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Judgment

9 paragraphs · 242 words
1.

This original petition is filed for issuing a direction to Additional Sub Judge, North Paravur, to try and finally dispose of claim petition in E.A.No.2/2021 in E.P.No.11/2019 as expeditiously as possible within a time frame to be fixed by this Court.

2.

The petitioner is the claim petitioner in E.A.No.2/2021.

3.

I heard the learned counsel for the petitioner as well as the respondents.

4.

A report was called for in this respect from the court below as to the time limit within which the matter could be finally disposed of.

5.

The court below has submitted that the matter could be finally disposed within a period six months from 17.05.2021.

6.

The learned counsel for the respondents submitted that this Court had occasion to issue a direction to dispose of the entire execution proceedings itself within a period of six months as per an order passed in O.P.(C) No.260/2021. The above direction was issued on 08.02.2021.

7.

Strictly speaking, so long as there is already a direction for disposal of execution proceedings, issue of further direction is quite unwarranted. Nevertheless, it is a fact that E.A.No.2/2021 also requires to be expeditiously disposed of in order to enable finalisation of the entire execution proceedings.

In the result, original petition is allowed calling upon the court below to expedite disposal of E.A.No.2/2021 also within the entire period of six months as already ordered in O.P.(C) No.260/2021.

All pending interlocutory applications are closed.