IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
KUNJATHA – Appellant
Versus
CHELLATHAL – Respondent
OP(C) NO. 2924 OF 2025 | EA NO. 517/2025 | OS NO. 9 OF 1974
| Table of Content |
|---|
| 1. filing of petition for direction to expedite proceedings. (Para 1 , 2) |
| 2. court's observations regarding pending execution petitions. (Para 3 , 4) |
| 3. final disposition directing timely resolution. (Para 5 , 6) |
JUDGMENT
(Dated this the 4th day of December, 2025)
This petition is filed by the petitioners/decree holders for issuing direction to the Principal Sub Court, Palakkad to dispose of E.A.517/2025 in E.A.No.301/2019 in E.P.No.82/2018 filed by the petitioners with time bound manner.
2. Heard the learned counsel for the petitioners.
3. A report dated 24.11.2025 has been received from the trial court, wherein it is stated that the EP filed by the petitioners/decree holders, wherein the 3rd party applicant filed the EA No.301/2019. Previously, the said application was disposed of and the same was set aside by the High Court in Ex.F.A.No.17/2025, with a direction to the execution court granting an opportunity to the parties to lead evidence and pass an order within a period of two months from the date of receipt of the report from the Advocate Commissioner, and the time period granted for disposing the EA No.301/2019 is expiring on 20.12.2025. In this case, there is also an identity dispute in the property. Therefore, seeks six months time to dispose of the EA No.517/25 filed by the present petitioners/decree holders.
4. Looking into the facts and circumstances of the case, though the petitioners are contended that this EA filed for taking the delivery of undisputed property etc., but the court has to decide the same by looking into the commission report. Therefore, this execution petition is pending. The third party applications are also pending i.e., not disposed of.
5. Considering the facts and circumstances of the case, it is necessary to issue direction to the court concerned.
6. Accordingly, the original petition is disposed of with a direction to Principal Sub Court, Palakkad to dispose of of E.A.517/2025 in E.A.No.301/2019 in E.P.No.82/2018 as early as possible without giving any unnecessary adjournments, if there is no other disputes in the property and any other claims pending in respect of property of these petitioners, claimed in EA No.517/25 and dispose of, in accordance with law.
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