IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
OP(C) NO. 1453 OF 2022
TO DISPOSE OF OS 549/2021 OF THE MUNSIFF COURT,NEDUMANGAD
PETITIONER/S:
S.SREEKALA
AGED 61 YEARS
D/O SARASWATHYAMMA,
MANVILAVEEDU, KOLIYACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
BY ADV LIJU. M.P
RESPONDENT/S:
1 M.S SREEKUMARAN NAIR
AGED 68 YEARS
S/O M.R.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
THIRUVANANTHAPURAM., PIN - 695607
2 M.S.SREENIVASAN
AGED 65 YEARS
S/O M.R.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
THIRUVANANTHAPURAM., PIN - 695607
3 M.S.SREEVALSAN
AGED 58 YEARS
S/O M.P.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
4 SREEKUMARI
AGED 56 YEARS
D/O SARASWATHYAMMA,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) No.1453 of 2022
C.S DIAS,J.
---------------------------
OP(C) No.1453 of 2022
-----------------------------
Dated this the 10th day of August, 2022.
JUDGMENT
The petitioner desires to get O.S.No.549/2021 of the Court of the Munsiff, Nedumangad, to be disposed of out of turn.
2. The petitioner has averred in the original petition that, she is the first plaintiff in the above suit, which is filed against the respondents 1 and 2 for partition and consequential injunction. The respondents 3 and 4 are also the plaintiffs in the suit. The obstruction that has been caused by the respondents 1 and 2 is causing severe mental agony to the petitioner. The petitioner and respondents 1 and 2 are senior citizens. Therefore, the petitioner seek for expeditious disposal of the suit.
3. The Code of Civil Procedure, 1908, provides the procedure to be followed by civil courts, right from the date of institution of a suit till its disposal. 3 OP(C) No.1453 of 2022
4. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India is to be exercised sparingly and in appropriate cases. The power under this Article casts a duty on this Court to keep subordinate Courts and Tribunals within their bounds of authority and see that they discharge their functions as per the mandate prescribed under law. But, that does not mean that this Court is to intermeddle with the proceedings before the subordinate courts on the mere asking of a party, at their whims and caprice.
5. Admittedly, Ext.P1 was instituted only on 22.9.2021. The respondents 1 and 2 are yet to file their written statement. The suit is one for partition. It is only at a nascent stage. Nonetheless, I do not assume for a moment that the Court below will not follow the time lines laid down under the Code of Civil Procedure to decide the suit, in accordance with law and as per the seniority of the suit. I do not find any ground or circumstance to exercise the extra ordinary powers of this Court as enshrined under Article 227 of the Constitution of India, to direct the 4 OP(C) No.1453 of 2022 Court below to give the petitioner an out of turn preference and decide the suit in precedence to the older pending cases. The original petition is unwarranted and is dismissed.
sd/-
sks/10.8.2022 C.S.DIAS, JUDGE
5
OP(C) No.1453 of 2022
APPENDIX OF OP(C) 1453/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE PLAINT IN OS NO.549/2021
ON THE FILE OF MUNSIFF'S COURT,
NEDUMANGAD, THIURVANANANTHAPURAM