High CourtsSingle Bench

K.N. Rajappan Ajith Kumar vs T.V

High Court Of Kerala · Decided on 20 January 2022 · Citation: (2022) 01 KL CK 0153

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Allowed
CASE NUMBER
Original Petition (C) No. 118 Of 2022
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Judgment

11 paragraphs · 194 words

A. Badharudeen, J

1.

This Original Petition is filed under Article 227 of the Constitution of India.

2.

Petitioner, who is the decree-holder No.1 in O.S.No.733/2018 on the file of the Principal Munsiff’s Court, Kottayam, is aggrieved in the matter

of slow proceedings in E.P.No.225/2019 pending before the said court for executing an ex parte decree, which was passed on 04.04.2019. The copy

of the proceedings in the above execution petition also has been placed along with the case records. Going by the proceedings, it could be noticed that

E.P.No.225/2019 periodically adjourned and it was posted for hearing on maintainability on 13.12.2021.

3.

It appears that the grievance expressed by the petitioner in the matter of non-disposal of the execution petition is having force. Therefore, I am

inclined to allow this petition.

In the result, this petition stands allowed. There shall be a direction to the Principal Munsiff’s Court, Kottayam to expedite the enquiry and disposal

of E.P.225/2019 pending before that court, as expeditiously as possible, at any rate, before the close of summer vacation.

Registry is directed to forward a copy of this judgment to the court below concerned for information and compliance.