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Lalithabhai Amma

High Court Of Kerala|24 October, 2014
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JUDGMENT / ORDER

The limited prayer in this Original Petition is for a direction for speedy disposal of E.P. 48 of 2011 pending before the Munsiff's Court, Punalur.
2. The suit was one for declaration of title, fixation of boundary and for permanent prohibitory injunction in respect of the property comprised in Sy. No. 2201/3. It is submitted on behalf of the petitioner that though the suit was dismissed, in appeal it was reversed and a decree was passed in favour of the plaintiffs. That was challenged in appeal before this Court and this Court dismissed the appeal as evidenced by Ext. P1. Decree was put in execution. The petitioner points out that even though considerable time has elapsed, not much progress has been made in the execution petition and the petitioner is put to irreparable loss and injury. The petitioner has produced B diary as Ext.P4.
OP.(C). 2440/2014.
2
3. Having heard learned counsel for the petitioner and having perused the records. In view of the order that is proposed to be passed in this petition, notice to the respondents appears to be unnecessary.
4. From the B diary produced as Ext.P4 it can be seen that even before 7.1.2013 there are several postings of the case. Learned counsel for the petitioner points out that not much progress has been made since then and E.P. is lying in a dormant stage.
5. In view of the fact that E.P. has been pending for a long time and not much progress has been made in the matter, it is felt that relief can be granted to the petitioner.
In the result, this Original Petition is disposed of directing the Munsiff's Court, Punalur to take up E.P.48 of 2011 and dispose it of as expeditiously as possible, at any rate OP.(C). 2440/2014.
3 within a period of six months from the date of receipt of a copy of this judgment.
P. BHAVADASAN, JUDGE sb.
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Title

Lalithabhai Amma

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • P Bhavadasan
Advocates
  • R Suraj Kumar
  • Sri Sunil J Chakkalackal