IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22310 of 2008(F)
1. N.K.RADHAKRISHNAN
... Petitioner
Vs
1. LEELAMMA
... Respondent
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.22310 of 2008
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Dated this the 24th July, 2008.
J U D G M E N T
Petitioner is the decree holder in O.S.No.189 of 1995,
on the file of Sub Court, Cherthala. Respondent is the judgment
debtor. This petition is filed under Article 227 of the Constitution of
India for a direction to Sub Court, Cherthala, to dispose the execution
petition within a time limit.
2. The learned counsel appearing for the petitioner was
heard.
3. The learned counsel for the petitioner submitted that
decree for recovery of possession was confirmed by the appellate
court in A.S.No.16 of 2006 on 9.10.2007, and though respondent had
instituted O.S.No.114 of 1985 for partition of the property, that was
finally settled by this Court in S.A.No.423 of 1995 on 2.2.2005
rejecting the claim and as seen from Ext.P1, the execution petition is
being adjourned for no valid reason, and, therefore, necessary
directions are to be issued.
W.P.(C) No.22310 of 2008
2
4. It is seen from Ext.P1 that delivery of item Nos.1
and 2 of the decree schedule property was passed on 9.1.2008.
Thereafter, a petition for review was filed. It is being adjourned
thereafter for hearing. In such circumstances, executing court is
directed to dispose the execution petition including E.A.No.23 of 2008,
as expeditiously as possible, at any rate, within four months from the
date of receipt of a copy of this judgment.
The writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.