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Judgment
The decree holder in E.P.No.375/2020 in O.S.No.853/2011 on the file of Additional Munsiff Court-II, Neyyattinkara, seeks a direction to be issued to the court below for early disposal of the matter within a time schedule fixed by this Court.
A report was called for from the learned Munsiff. In the report dated 12.03.2021, it is submitted that the execution petition filed before Additional Munsiff Court-II, Neyyattinkara was transferred to Additional Munsiff Court-III, Neyyattinkara and the Additional Munsiff-I is in charge of Additional Munsiff Court-II, Neyyattinkara.
The learned Munsiff submits that there is no order issued by the Hon'ble High Court for conducting regular sitting and therefore, she may not be able to take up and finally dispose of the matter at an early date. She has sought for a period of 10 months for finally disposing of Ext.P2[E.P.No.375/2020 in O.S.No.853/2011].
When the contents of the report were put to learned counsel for the petitioner, he submitted that an application for issue of Advocate Commissioner was filed in the E.P. for the purpose of identifying the property in question and the same may be ordered to be taken up and disposed of at an early date.
The submission made by the learned counsel for the petitioner is just and reasonable.
In the result, original petition is disposed of calling upon the Additional Munsiff-I in charge of Additional Munsiff-II, Neyyattinkara to take up the commission application filed by the decree holder in E.P.No.375/2020 in O.S.No.853/2011 and dispose it of within a period of one month from the date of production of certified copy of this judgment, in accordance with law after hearing the parties.
All pending interlocutory applications will stand closed.