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2021 Supreme(Online)(KER) 21722

HIGH COURT OF KERALA
V. G. Arun, J
P.T.KUNJAMMA – Appellant
Versus
STATE OF KERALA – Respondent
OP(C)/1026/2021



Advocates:
M.PROMODH KUMAR, K.PRAVEEN BABU, MAYA CHANDRAN

The judgment underscores the importance of timely execution of court decrees to ensure justice is not hindered by procedural delays.

Headnote:

Execution - Petition - Execution of Award - Act Section List - The court emphasized the need for expeditious disposal of execution petitions, recognizing the unreasonable delays faced by the petitioner in recovering the awarded amount, thereby asserting the efficiency of judicial processes.

Fact of the Case:

The petitioner sought expedited disposal of an execution petition to collect a balance of Rs.1,14,16,092 due from an award made in 2012, after only a partial payment was received. The petitioner faced challenges in identifying the treasury account for attachment.

Issues: Whether the petitioner is entitled to an expedited procedure for executing the awarded amount due to significant delays and challenges in recovery.

Ratio Decidendi: The court held that undue delays in executing a lawful decree are contrary to the interests of justice, thus necessitating prompt action by the executing authority.

Final Decision: The original petition is disposed of, directing expeditious recovery proceedings within six months.

JUDGMENT

Dated this the 28th day of June 2021 The petitioner/claimant is seeking expeditious disposal of the proceedings initiated by her for executing the award in L.A.R.No.10/2010. The decree was passed by the court on 29.03.2012 and the petitioner had filed the execution petition on 04.07.2012. Out of the total amount due, only a portion was paid to her and the balance amount as on date is about Rs.1,14,16,092 (Rupees One Crore Fourteen Lakh Sixteen Thousand Ninety Two Only). Along with the execution petition, the petitioner had appended a schedule of immovables to be attached and brought to sale for realization of the decretal amount. Later, the petitioner also filed an execution application seeking attachment of a treasury account.

2. In the report called for by this Court, the Jurisdictional Sub Judge has informed that as per the report of the Treasury Officer, the account sought to be attached did not exist. After receipt of that report, no effective steps was taken by the petitioner to recover the decretal amount from the first respondent State.

3. Learned Counsel for the petitioner submitted that the petitioner is a lady and it was after much difficulty that she had obtained the treasury account number, which turned out to be a wrong number. It is submitted by the learned Counsel that a schedule of immovable properties having been appended along with the execution petition, the petitioner may not be put to further trouble, by requiring her to produce treasury account numbers for the purpose of realization of the amount.

4. I heard the learned Government Pleader and the learned Standing Counsel appearing for the Municipality.

5. There being no challenge against the decree or dispute regarding the balance amount due, I find the request for expeditious disposal of the execution petition, filed way back in the year 2012, to be reasonable.

In the result, the original petition is disposed of, directing the Sub Judge, Pathanamthitta to expedite the recovery proceedings in E.P.No.116/2012 in L.A.R.No.10/2010 and to complete the process within an outer limit of six months from the date of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE NB/28.6.21 APPENDIX OF OP(C) 1026/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DECREE OF THE AWARD PASSED BY THE REFERENCE COURT DATED 29/03/2012 IN LAR NO.10/2010.

EXHIBIT P2 TRUE COPY OF THE EP 116/2012 FILED BY THE PETITIONER DATED 08/06/2012.

EXHIBIT P3 TRUE COPY OF THE AWARD DATED 27/01/2014 IN E.P.NO.116/2012 IN LAR NO.10/2010.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN LAA.NO.766/2013 DATED 17/12/2018.

RESPONDENT'S EXHIBITS: NIL True Copy P.A to Judge

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