Bino Deva Kumar vs Xavi Mano Mathew

Type Court Judgment Court Kerala Decided Jan 31, 2023

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https://sooperkanoon.com/case/1409043

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Citation: sooperkanoon.com/1409043
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 31, 2023
Case Number: OP(C)/2518/2022

Parties & Advocates

Appellant / Petitioner

Bino Deva Kumar

Respondent

Xavi Mano Mathew

Excerpt

.....dated 4.1.2023, has informed this court that the execution petition is posted for objection of the respondents to 5.1.2023. the court below requires six months’ time to dispose of the execution petition.3. heard; sri.suman chakravarthy, the learned counsel appearing for the petitioner. even though notice has been served on the respondents, there is no appearance for them.4. in the light of the pleadings and materials onrecord and after perusing the communication of the learned first additional subordinate judge, and taking note of the serious medical condition of the petitioner, i am inclined to exercise the supervisory powers of this court under article 227 of the constitution of india and allow the original petition. resultantly, the original petition is allowed by directing the court of the learned first additional subordinate judge, thiruvananthapuram, to consider and dispose of ep no.433/2022 in os no.39/2020 in accordance with law, after affording both sides an opportunity of being heard and as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of the judgment. the original petition is ordered accordingly. sd/- sks/31.1.2023 c.s.dias, judge appendix of op(c) 2518/2022 petitioner exhibits exhibit-p1 a true copy of the decree in o.s no.39/2020 on the files of 1st additional sub judge, thiruvananthapuram exhibit-p2 a true copy of the execution petition as e.p no.433/2022 on the files of sub court- ii, thiruvananthapuram exhibit-p3 true copy of the medical certificate dated 08.11.2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 OP(C) NO. 2518 OF 2022 TO DISPOSE OF EP 433/2022 OF THE FIRST ADDITIONAL SUB COURT,TRIVANDRUM PETITIONER/S: BINO DEVA KUMAR PROPRIETOR, SHIMMER AGENCIES ALIAS SHIMMER SPICES, AGED 52 YEARS, S/O.RAJAN ISSAC, RESIDING AT HOUSE NO.167/4, JOSHUA STREET, W.C.C ROAD,NAGARCOIL.P.O., TAMIL NADU - 629 001 BY ADVS. SUMAN CHAKRAVARTHY AMJATH A.R RESPONDENT/S: 1 XAVI MANO MATHEW AGED 51 YEARS MANAGING DIRECTOR, SOUTHERN FIELD VENTURES PVT.LTD., RESIDING AT PANCHIKKAL HOUSE, TAGORE NAGER, T.C NO.15/1397, THYCAUD.P.O., THIRUVANANTHAPURAM - 695 014 2 SOUTHERN FIELD VENTURES PVT.LTD HAVING ITS REGISTERED OFFICE AT D-10, PANCHIKKAL HOUSE, TAGORE NAGAR, T.C NO.15/1397,THYCAUD.P.O., THIRUVANANTHAPURAM - 695 014 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S DIAS,J.
--------------------------- ----------------------------- Dated this the 31st day of January, 2023.

JUDGMENT

The original petition is filed to direct the Court of the First Additional Subordinate Judge, Thiruvananthapuram, to consider and dispose of E.P No.433/2022 in OS No.39/2020, within a time frame.

2. Pursuant to the order dated 21.12.2022 passed

by this Court, the learned First Additional Subordinate Judge, by communication dated 4.1.2023, has informed this Court that the execution petition is posted for objection of the respondents to 5.1.2023. The court below requires six months’ time to dispose of the execution petition.

3. Heard; Sri.Suman Chakravarthy, the learned counsel appearing for the petitioner. Even though notice has been served on the respondents, there is no appearance for them.

4. In the light of the pleadings and materials on

record and after perusing the communication of the learned First Additional Subordinate Judge, and taking note of the serious medical condition of the petitioner, I am inclined to exercise the supervisory powers of this Court under Article 227 of the Constitution of India and allow the original petition. Resultantly, the original petition is allowed by directing the Court of the learned First Additional Subordinate Judge, Thiruvananthapuram, to consider and dispose of EP No.433/2022 in OS No.39/2020 in accordance with law, after affording both sides an opportunity of being heard and as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of the judgment. The original petition is ordered accordingly. SD/- sks/31.1.2023 C.S.DIAS, JUDGE APPENDIX OF OP(C) 2518/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE DECREE IN O.S NO.39/2020 ON THE FILES OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM Exhibit-P2 A TRUE COPY OF THE EXECUTION PETITION AS E.P NO.433/2022 ON THE FILES OF SUB COURT- II, THIRUVANANTHAPURAM Exhibit-P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 08.11.2022

Same Court & Year Kerala · 2023 Same Parties Bino Deva Kumar vs Xavi Mano Mathew Same Judge Honourable Mr.Justice C.S.Dias