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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942 OP(C).No.1764 OF 2020 O.S.NO.288/2010 OF MUNSIFF-MAGISTRATE COURT, SASTHAMCOTTA A.S.NO.63 OF 2018 PENDING BEFORE THE SUB COURT, KARUNAGAPPALLY PETITIONERS/JUDGMENT DEBTORS:
1 CLEETAS AGED 60 YEARS S/O.LATE ANTHRAYOSE, KALLUMPURATHU VEETTIL, PANAPETTY MURI, BHARANIKAVU P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690520.
2 SUSHEELA AGED 44 YEARS W/O.CLEETAS, KALLUMPURATHU VEETTIL, PANAPETTY MURI, BHARANIKAVU P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690520.
3 MARYKUTTY, AGED 60 YEARS D/O. LATE ANTHRAYOSE, KALLUMPURATHU VEETTIL, PANAPETTY MURI, BHARANIKAVU P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690520.
4 AMBROSE, AGED 65 YEARS S/O.LATE ANTHRAYOSE, PRASAD BHAVANAM, MANAKKARA MURI, SASTHAMCOTTAH P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690521.
5 VIJAYAMMA, AGED 60 YEARS W/O. AMBROSE, PRASAD BHAVANAM, MANAKKARA MURI, SASTHAMCOTTAH P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690521.
6 PREETHY JACOB, AGED 38 YEARS D/O. VIJAYAMMA, ATHEENA BHAVANAM, PANAPETTY MURI, PORUVAZHY P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690520.
BY ADV. SRI.B.MOHANLAL RESPONDENT/DECREE HOLDER:
SREEDHARAN PILLAI , S/O. NARAYANA PILLAI, POYKALAZHIKATH VEETTIL, MUTHUPILAKAD PADINJARE MURI, PORUVAZHY P.O., SASTHAMCOTTAH VILLAGE, KOLLAM-690520.
R1 BY ADV. SRI.DIPU.R R1 BY ADV. SHRI.SANJEEV KUMAR M.
R1 BY ADV. SRI.K.S.BAIJU R1 BY ADV. SMT. DEVI KRIPA R.
R1 BY ADV. SMT.DHANYA BABU R1 BY ADV. SMT.NEETHU SASI R1 BY ADV. SMT.ANSU SARA MATHEW THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 16th day of February 2021 When this matter came up for admission, the learned counsel for the petitioners submits that the petition which was filed for condoning the delay in the institution of A.S.No.63 of 2018 pending before Sub Court, Karunagappally was already condoned and further execution proceedings in O.S.No.288 of 2010 on the file of the Musiff-Magistrate's Court, Sasthamcotta were also stayed. That means the issue raised in this Original Petition does not survive any longer. The learned counsel for the petitioner, however, makes a request to issue a direction to the court below to dispose of the appeal as expeditiously as possible.
In the result, while dismissing this Original Petition, the appellate court is called upon to dispose of the appeal as expeditiously as possible.
Sd/-
T.V.ANILKUMAR JUDGE csl APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE DECREE DATED
27/10/2015 IN OS NO.288/2019 ON THE FILE OF THE MUNSIFF MAGISTRATE COURT, SASTHAMCOTTAH.
EXHIBIT P2 THE TRUE COPY OF THE MEMORANDUM OF APPEAL CMA NO.7/2018 FILED BY THE PETITIONERS BEFORE THE SUB COURT, KARUNAGAPPALLY.
EXHIBIT P3 THE TRUE COPY OF THE DECREE DATED
12/12/2017 IN OS NO.288/2019 ON THE FILE OF THE MUNSIFF, MAGISTRATE COURT, SASTHAMCOTTAH.
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED
21/07/2018 IN OS NO.288/2019 ON THE FILE OF THE MUNSIFF, MAGISTRATE COURT, SASTHAMCOTTAH.
EXHIBIT P5 THE TRUE COPY OF THE EP NO.32/2018 IN OS NO.288/2010 FILED BY THE RESPONDENT/PLAINTIFF BEFORE THE MUNSIFF COURT, SASTHAMCOTTAH AGAINST THE PETITIONERS.
EXHIBIT P6 THE TRUE COPY OF THE MEMORANDUM OF APPEAL A.S. NO.63/2018 DATED 21/12/2018 FILED BY THE PETITIONERS AGAINST THE RESPONDENT BEFORE THE SUB COURT, KARUNAGAPPALLY.
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
14/10/2020 IN EA NO. 19/2019 IN EP NO.32/2018 IN OS NO.288/2019 ON THE FILE OF THE MUNSIFF, MAGISTRATE COURT, SASTHAMCOTTAH.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF JUDGMENT IN O.S.NO.288/2010 DATED 27/10/2015.
EXHIBIT R1(b) TRUE COPY OF JUDGMENT IN O.S.NO.288/2010 DATED 12/12/2017.
EXHIBIT R1(c) TRUE COPY OF JUDGMENT IN O.P.C.NO.450/2018 DATED 20/02/2018.
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