IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 OP(C).NO. 3045 OF 2011(O) --------------------------------------- AGAINST THE ORDER IN EP 60/2008 IN OS.17/1975 OF SUB COURT,KOTTARAKKARA .................... PETITIONER: -------------------- THULASIBAI,D/O.KARTHIYAYANI, THADAVILA PUTHENVEEDU, ADOOR VILLAGE, PANNIVIZHA MURI, KUNNATHOOR TALUK, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI.N.JAYAPRASAD, AISWARYA,PUNALUR VILLAGE, PATHANAPURAM TALU,BHARANIKAVU MURI,PUNALUR-691523. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------------------- RAMANUJAN S,SON OF NARAYANAN, THADAVILA PUTHENVEEDU, PANNIVIZHA MURI, ADOOR TALUK, ADOOR VILLAGE, PIN 691 523. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3045 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE PHOTOSTAT COPY OF E.P. NO.60 OF 2008 FILED BEFORE THE SUB COURT, KOTTARAKKARA DATED 19TH DECEMBER, 2008. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE ORDER IN O.P(TP) NO.84 OF 2011 OF THE DISTRICT JUDGE, KOLLAM DATED 31ST MARCH, 2011. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3045 of 2011 ==================================== Dated this the 23rd day of September, 2011 J U D G M E N T The third defendant to whom a share has been allotted in the preliminary/final decree for partition in O.S. No.17 of 1975 of the court of learned Sub Judge, Kottarakkara filed E.P. No.60 of 2008 to get delivery of the portion allotted to her. But for one reason or the other, it is being delayed. Respondent approached the court of learned District Judge, Kollam with O.P(TP) No.84 of 2011 to transfer the execution petition from the court of learned Sub Judge, Kottarakkara to any other court. That petition was dismissed by the learned District Judge by Ext.P2, order holding that there is no reason to transfer but referring to the plight of parties who are litigating from the year 1975 and obtained preliminary/final decree, directed learned Sub Judge, Kottarakkara to dispose of the execution petitioner early. In this proceeding the decree holder-third defendant seeks a direction to the learned Sub Judge, Kottarakkara to transfer the execution proceeding to the learned Sub Judge, Pathanamthitta and for a direction or order to the learned Sub Judge, Pathanamthitta to take necessary steps to O.P(C) No.3045 of 2011 -: 2 :- ensure that the decree is executed immediately. 2. Learned counsel submitted that proceedings are going at snail pace on account of various reasons. It is stated that the property which petitioner wants to take delivery is situated within the territorial limits of learned Sub Judge, Pathanamthitta (though certain other items involved in the suit are situate within the territorial limits of learned Sub Judge, Kottarakkara). Hence it is necessary that to take delivery of the property petitioner require police assistance also. These things can be done better by the learned Sub Judge, Pathanamthitta as the property which is allotted to the petitioner is situated within the local limits of the court of learned Sub Judge, Pathanamthitta. 3. I am not inclined to think that for the said purpose the execution petition must be transferred to that court. What is required is only expeditious disposal of the execution petition. Though learned counsel has requested for a direction for time bound disposal of the execution petition, I do not find it necessary or proper to issue any such direction since what all situations might arise in the course of execution of the decree cannot be anticipated by this court. But fact remained that in a of suit of the year 1975 in spite of lapse of several years petitioner was O.P(C) No.3045 of 2011 -: 3 :- not able to enjoy the fruits of the decree. That certainly is something which must alert learned Sub Judge, Kottarakkara to expedite the execution proceeding. Resultantly, this Original Petition is disposed of directing learned Sub Judge, Kottarakkara to expedite the proceeding in E.P. No.60 of 2008 and dispose of the same as early as possible having regard to the fact that suit is of the year 1975 and considering the grievance of petitioner. THOMAS P. JOSEPH, JUDGE. vsv