IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 OP(C).No. 2480 of 2011(O) --------------------------------------- OS.NO.167/1992 of IST ADDL.SUB COURT, KOZHIKODE .................... PETITIONER -------------------- 1. PUSHPA, W/O.LATE V.K.PURUSHU, VALLATHUKANDIPARAMBIL HOUSE, EDAKKAD AMSOM & DESOM KOZHIKODE 2. DHANYA,D/O.LATE V.K.PURUSHU, VALLATHUKANDIPARAMBIL HOUSE, EDAKKAD AMSOM & DESOM KOZHIKODE BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------------------- T.V.JOSEKUTTY, S/O.KUNHU VAREED, R/A.NADUVATTOM AMSOM AND DESOM, KOZHIKODE.PIN-673 330 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2480/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECREE IN O.S.NO.167/1992 DATED 30/9/1993 ON THE FILE OF ADDITIONAL SUB COURT I-A, KOZHIKODE. P2 COPY OF THE JUDGMENT IN A.S.NO.514/1995 DATED 23/1/2002 HIGH COURT OF KERALA FILED BY 1ST PETITIONER. P3 COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH DATED 15/1/2007 IN A.F.A.31/2002. P4 COPY OF THE PETITION DATED 5/3/2007 FILED BY THE RESPONDENT WHICH IS NUMBERED AS E.A.205/2007 IN E.P.61/1996 IN O.S.167/1992 ON THE FILE OF ADDITIONAL SUB COURT I-A, KOZHIKODE. P5 COPY OF THE COUNTER DATED 15/12/2009 FILED BY THE PETITIONERS IN E.A.205/2007. P6 COPY OF THE STATEMENT DATED 24/2/2011 FILED BY THE PETITIONERS ALONG WITH CHALLAN RECEIPT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. ---------------------------------------------- O.P (C) No.2480 OF 2011 ----------------------------------------------- DATED THIS THE 1st DAY OF AUGUST, 2011 JUDGMENT Petitioners are the legal representatives of the judgment debtor seeking a direction to the learned 1st Additional Sub Judge, Kozhikode for early disposal of Ext.P4, application for redelivery filed by the respondent in EP No.61 of 1996. The suit was filed for recovery of money and there was a decree in favour of the respondent. He purchased the property in court auction. Later, on the appeal of the defendant in AS No.514 of 2011 the judgment and decree of the trial court (based on which property was sold) was set aside. That was followed by a redelivery of the property to the judgment debtor. The Division Bench of this Court reversed the decision in A.S No.514 of 1995 and restored judgment of the trial court. Thereon respondents filed EA No.205 of 2007 in EP No.61 of 1996 for redelivery of the property to him. Petitioners want an early disposal of the application. 2. Without understanding the volume of the work of the Court concerned, it is not proper for me to issue any direction for time bound disposal but, since EA No.205 is of the year 2007 OP (C) No.2480 of 2011 -2- it has to be decided as early as possible. Resultantly, this Original Petition is disposed of directing the learned Additional Sub Judge to dispose of Ext.P4 (if steps on that application are complete and there is no no legal impediment in doing so) as early as possible having regard to the fact that the suit is of the year 2007. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge