IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3442 of 2011(O) ------------------------------------ EP.369/2010 IN OS.2041/2008 of I ADDL.MUNSIFF COURT,TRIVANDRUM .................... PETITIONER (S): -------------------- PLAVELIL ABRAHAM GEORGE, AGED 92 YEARS, S/O. ABRAHAM, T.C 6/2580, NEAR PRIYADARSHINI JUNCTION, PRASANTH NAGAR,ULLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.VETTATH EAPEN MATHAI RESPONDENT(S): -------------------------- LEELAMONY MOHAN, AGED ABOUT 43 YEARS, RESIDING AT UNNUMBERED HOUSE, NEXT TO TC 6/2580, NEAR PRIYADARSHINI JUNCTION, PRASANTH NAGAR, ULLOOR, THIRUVANANTHAPURAM. 695 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.3442/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF HE CERTIFICATE DATED 17/10/2008 ISSUED BY THE PROFESSOR, DEPARTMENT OF NEUROLOGY. P2:- COPY OF THE SKETCH P3:- COPY OF THE EXPERT ENGINEER APPOINTED BY THE LEARNED IST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. P4:-COPY OF THE JUDGMENT IN O.S NO. 2041/2008 DATED 29/01/2010. P5:- COPY OF THE ROUGH DECREE PASSED BY THE IST ADDITIONAL MUNSIFF COURT P6:- COPY OF THE E.P. NO. 369/2010 P7:- COPY OF THE COURT PROCEEDINGS IN E.P 369/2010 RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S.TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3442 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT Petitioner has obtained Ext.P4, judgment and Ext.P5, decree against the respondent in O.S.No.204 of 2008 of the court of learned Additional Munsiff-I, Thiruvananthapuram. He is now aged about 95 years and is afflicted with old age illness. He wanted a quiet living at the fag end of his life after executing the decree. But according to him, execution of the decree is being delayed on account of absence of the respondent or other reasons as the case may be. It is submitted that the case had almost 29 postings but nothing happened. Hence this petition for an early decision in the execution petition. 2. Learned counsel submitted that respondent had not appeared in the execution petition for a long time, it is quite recently that she appeared and that the case is adjourned for some or other reasons. 3. The plight of the decree holder aged about 95 years has certainly to alert the executing court of the need to expedite the proceedings ofcourse after hearing the respondent also if she appears in the case. Having regard to the circumstances stated, learned Additional Munsiff-I, Thiruvananthapuram is directed to expedite the proceedings in E.P.No.369 of 2010 after completing the preliminary steps and bearing in mind the situation in which petitioner is placed. OP(C)No.3442/2011 2 Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks