The court emphasized the necessity for timely judicial resolution amidst procedural delays encountered due to external obstructions.

JUDGMENT

The petitioner is the decree holder in O.S No.454 of 2010 on the files of the Court of the Civil Judge (Junior Division), Nedumangad. The suit was decreed on 16.07.2014 and the appeal and the second appeal filed were dismissed confirming the judgment and decree. The petitioner filed E.P No.70 of 2014 for execution of the decree and the 1^st respondent E.A No.119 of 2024 claiming that they are in possession of the decree schedule properties and the decree is not executable.

2. This original petition is filed contending that the petitioner is physically sick and the matter is being prolonged and he prays for a direction to the learned Civil Judge (Junior Division) to dispose of E.A No.119 of 2024 and E.P No.70 of 2014 in O.S No.454 of 2010, as expeditiously as possible, within a time frame to be fixed by this Court. It is submitted that though an early posting petition has been filed as Ext.P2 before the Execution Court, the same is not so far considered.

3. On 04.02.2026, this Court directed the Registry to call for a report from the Additional Munsiff Court, Nedumangad as to the minimum time required to dispose of E.P. No.70 of 2014 and E.A No.119 of 2024. The learned Munsiff has forwarded a report which reads as follows:-

“E.P 70 of 2014 is filed before this Court seeking to execute the decree in O.S 454 of 2010 in which plaintiff’s title over plaint A schedule property was declared and plaintiff was allowed to recover possession of plaintiff B and C schedule properties from the defendants after dismantling the structure in plaint C schedule property. On 24.07.2024, Ameen was deputed for execution of the decree. However, thereafter he submitted a report stating that execution could not be effected due to obstruction caused by about 60 congress workers at the site. Subsequently, E.A 119 of 2024 claim petition was filed, along with applications for appointment of Advocate Commissioner. All the connected applications have since been disposed of. The claim petition in E.A.119 of 2024 presently stands posted for evidence to

24.02.2026.

In view of the Pendency of the claim petition for recording of evidence and also considering the intervening civil court vacation during April, it is respectfully submitted that a period of 4 months may kindly be granted for disposal of the execution petition.”

4. Heard the learned counsel for the petitioner.

In the nature of the order I propose to pass in this original petition, notice to the respondents is dispensed with.

In view of the report received from the Additional Munsiff Court, Nedumangad, I am of the view that no orders are necessary in this original petition. The learned Munsiff shall take earnest steps to dispose of the matter, as expeditiously as possible.

The original petition is disposed of.

Sd/-