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2026 Supreme(Online)(Ker) 1028

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
GEORGE THOMAS – Appellant
Versus
SURENDRAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BASIL MATHEW
For the Respondents: SRI.C.P.UDAYABHANU, SHRI.RASSAL JANARDHANAN A.

JUDGMENT Adv.C.P.Udayabhanu takes notice for the respondents in O.P.(C) No.2964 of 2025 and Adv.Basil Mathew takes notice for respondents 1 and 2 in O.P.(C) No.23 of 2026.

2. O.P.(C) No.2964 of 2025 is filed by the petitioners/third party applicants for directing the Munsiff's Court, Kayamkulam for the speedy disposal of E.A.No.83/2020 in E.P.No.10/2019 in O.S.No.275/2011 filed by the petitioners.

3. O.P.(C) No.23 of 2026 is filed by another petitioners who are said to be the decree holders in the execution petition, for issuing a direction to the Munsiff's Court, Kayamkulam, for the speedy disposal of E.P.No.10/2019 in O.S.No.275/2011.

4. Heard the arguments of learned counsel for the petitioners in both cases.

5. The learned counsel for the petitioners in O.P.(C)

No.2964 of 2025 submits that there was a decree obtained by respondents 1 and 2 in O.S.No.275/2011 before the Munsiff’s Court, Kayamkulam. Subsequently, an execution petition was filed by respondents 1 and 2 as E.P.No.10/2019, in respect of which the petitioners claim rights over the property. Hence, the petitioners filed an interlocutory application/claim petition as E.A.No.83/2020 under Order XXI Rule 97 of the Code of Civ

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