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Judgment
9 paragraphs · 352 wordsC.S Dias, J
The original petition is filed, inter alia, to direct the Court of the Principal Munsiff, Kollam, to consider and dispose of EA No.10/2023 (Ext P4) in EP No.9/2023 in PLP No.3/2020 within a reasonable time period.
When the original petition came up for admission on 30.1.2023, Sri.H Ramanan, the learned counsel appearing for the first respondent had undertaken before this Court that the attachment schedule property will not be alienated till the disposal of the original petition.
The learned counsel on both sides also submitted that there was a likelihood of the dispute being settled, if the parties are referred to mediation. Accordingly, the parties were referred to mediation.
Today, when the original petition was taken up for consideration, Sri.Alan Papali, the learned counsel appearing for the petitioner submitted that the mediation failed. Nevertheless, the petitioner would be satisfied if the court below is directed to consider and dispose of Ext P4 application within a time frame and until such time the undertaking made before this Court shall continue to hold the field.
Heard;
On an evaluation of the pleadings and materials on record and taking note of the fact that Ext P4 application is pending consideration before the Court of the Principal Munsiff, Kollam, and that this Court has already directed the first respondent not to alienate the attachment schedule property till the disposal of the original petition, I am of the firm view that a quietus can be given to the original petition by directing the court below to dispose of the application within a time frame.
In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Munsiff, Kollam, to consider and dispose of Ext P4 application, in accordance with law and as expeditiously as possible, at any rate on or before 13.4.2023. Until such time orders are passed on Ext P4 application, the first respondent shall not alienate the attachment schedule property.
The original petition is ordered accordingly.This Criminal Miscellaneous case is dismissed.