High CourtsSingle Bench

Smitha Aji vs Official Receiver Sub Court, Mavelikkara, Pin 690101

High Court Of Kerala · Decided on 6 February 2023 · Citation: (2023) 02 KL CK 0052

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 218 Of 2023
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Judgment

5 paragraphs · 262 words

C.S.Dias, J

1.

The original petition is filed, interalia, to direct the Court of the Additional District Judge-I, Mavelikkara to consider and dispose of I.A.No.2/2022 in CMA No.47/2022 within a reasonable time period.

2.

Pursuant to the order dated 27.01.2023 passed by this Court, the learned Additional District Judge, by communication dated 31.01.2023, has informed this Court that IA No.2/2022 can be considered after service of notice on the respondent is completed in the CMA. The court below requires two months time to dispose of IA No.2/2022.

3.

Heard; Sri.R.Reji, the learned counsel appearing for the petitioners. Even though notice has been served on the respondents, except for the respondents 19 and 23, there is no appearance for them. In view of the substantial representation for the respondents, I dispense with further notice to the respondents 19 and 23.

In the light of the pleadings and the materials on record and the communication of the learned Additional District Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Additional District Judge-I, Mavelikkara to consider and dispose of IA No.2/2022 in CMA No.47/2022 in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment. Until such time orders are passed on IA No.2/2022, the sale of the property in OP (Insolvency) No.6/2001 of the Court of the Subordinate Judge, Mavelikkara shall be kept in abeyance. The original petition is ordered accordingly.