Marc .C.John vs Thilakan

Type Court Judgment Court Kerala Decided Aug 10, 2021

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https://sooperkanoon.com/case/1608735

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Citation: sooperkanoon.com/1608735
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Aug 10, 2021
Case Number: OP(C)/482/2021

Parties & Advocates

Appellant / Petitioner

Marc .C.John

Respondent

Thilakan

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun tuesday, the 10th day of august 2021 / 19th sravana, 1943 against the order/judgment in os 381/2011 of principal munsiff,alappuzha, alappuzha petitioner/s: marc .c.john aged 87 years s/o. late c.m. john, residing in candanat house, kattoor muri, kalavoor village, ambalappuzha taluk, alappuzha district. by advs. i.sheela devi sri.p.s.sandeep respondent/s: 1 thilakan aged 47 years 2 suseelan @ podiyan aged 40 years this op (civil) having come up for admission on 10.08.2021, the court on the same day delivered the following:judgmentdated this the 10th day of august, 2021 the prayer in the original petition is for an early disposal of e.p no.90 of 2018 in o.s no. 381 of 2011, pending on the files of the principal munsiff's court, alappuzha. in the report called for by this court, the learned munsiff has stated that, execution applications filed by third parties are pending consideration and final orders on the execution petition will passed after disposing the pending applications. the learned munsiff has sought six months time for disposing the execution petition. 2.in spite of service of notice on the counsel for the respondent in the execution court, the respondents have not appeared. considering the petitioner is a lady aged 87 years and the execution proceedings pertain to a suit of the year 2011, the original petition is disposed of directing the principal munsiff, alappuzha to finalize the execution proceedings before closing of the courts for this year's christmas holidays. sd/- v.g arun judge sj appendix of op(c) 482/2021 petitioner exhibits exhibit p1 true copy of judgment in os no.381/2011 dated 14.8.2016 passed by the principal munsiff's court, alappuzha. exhibit p2 true copy of the decree in o.s.no.381/2011 dated 14.8.2013 passed by the principal munsiff's court, alappuzha. exhibit p3 true copy of the judgment a.s.no.22/2017 dated 15.11.2017 passed by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 10TH DAY OF AUGUST 2021 / 19TH SRAVANA, 1943 AGAINST THE ORDER/JUDGMENT IN OS 381/2011 OF PRINCIPAL MUNSIFF,ALAPPUZHA, ALAPPUZHA PETITIONER/S: MARC .C.JOHN AGED 87 YEARS S/O. LATE C.M. JOHN, RESIDING IN CANDANAT HOUSE, KATTOOR MURI, KALAVOOR VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADVS. I.SHEELA DEVI SRI.P.S.SANDEEP RESPONDENT/S: 1 THILAKAN AGED 47 YEARS 2 SUSEELAN @ PODIYAN AGED 40 YEARS THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10th day of August, 2021 The prayer in the original petition is for an early disposal of E.P No.

90 of 2018 in O.S No. 381 of 2011, pending on the files of the Principal Munsiff's Court, Alappuzha. In the report called for by this Court, the learned Munsiff has stated that, execution applications filed by third parties are pending consideration and final orders on the execution petition will passed after disposing the pending applications. The learned Munsiff has sought six months time for disposing the Execution Petition. 2.In spite of service of notice on the counsel for the respondent in the execution Court, the respondents have not appeared. Considering the petitioner is a lady aged 87 years and the execution proceedings pertain to a suit of the year 2011, the original petition is disposed of directing the Principal Munsiff, Alappuzha to finalize the execution proceedings before closing of the Courts for this year's Christmas holidays. Sd/- V.G ARUN JUDGE SJ APPENDIX OF OP(C) 482/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF JUDGMENT IN OS NO.381/2011 DATED 14.8.2016 PASSED BY THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA. EXHIBIT P2 TRUE COPY OF THE DECREE IN O.S.NO.381/2011 DATED 14.8.2013 PASSED BY THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA. EXHIBIT P3 TRUE COPY OF THE JUDGMENT A.S.NO.22/2017 DATED 15.11.2017 PASSED BY THE SUB COURT, ALAPPUZHA. EXHIBIT P4 TRUE COPY OF THE E.P.NO.90/2018 IN O.S.NO.381/2011 FILED BY THE PETITIONER HEREIN BEFORE THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA.

Same Court & Year Kerala · 2021 Same Parties Marc .C.John vs Thilakan Same Judge Honourable Mr.Justice V.G.Arun