P.T. Thresiamma vs Prakash Varghese

Citation : 2022 Latest Caselaw 9493 Ker
Judgement Date : 25 August, 2022

Kerala High Court
P.T. Thresiamma vs Prakash Varghese on 25 August, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    OP(C) NO. 1524 OF 2022

         OS 54/2019 OF MUNSIF COURT, KANJIRAPPALLY
PETITIONER/1ST DEFENDANT:

         P.T. THRESIAMMA
         AGED 78 YEARS
         PUTHUVELI CHIRAKADAVUVILLAGE
         KANJIRPPILLY TALUK. CHIRAKKADAVU
         KANJIRAPPALLY, PIN - 686506

         BY ADVS.   C.R.SIVAKUMAR
                    BINI.K
                    MINI.M.NAIR



RESPONDENTS/RESPONDENTS/ JUDGMENT DEBTORS:

    1    PRAKASH VARGHESE
         AGED 49 YEARS
         S/O LATE P.K. VARGHESE, PUTHUVELL HOUSE,
         CHENAPPADY KARA, KOOVAPPILLY VILLAGE IN
         KANJIRAPPILLY TALUK, REP. BY HIS PA HOLDER T.M.
         JOSEPH, AGED 69 YEARS, S/O THOMAS, RESIDING AT
         THADATHIL HOUSE, THAMBALAKADU KARA, KANJIRAPPILLY
         VILLAGE, KANJIRAPPILLY TALULC, PIN - 686518

    2    ELIZABETH RANI VARGHESE
         AGED 55 YEARS
         D/O LATE P.K. VARGHESE,
         PUTHUVELIL CHIRAKADAVU VILLAGE, KANJIRPPILLY
         TALUK, PIN - 686518

    3    RESMI MAXI
         AGED 48 YEARS
         W/O MAI K. BABY, RESIDING AT APARTMENT NO. 8 D.
         HORIZON PARK, VELLAYAMBALAM KARA,
         TIRUVANANATHAPURAM, PIN - 695010

    4    FEDERAL BANK
         PONKUNNAM REPRESENTED BY ITS BRANCH MANAGER,
         FEDERAL BANK PONKUNNAM KARA, KANJIRAPPILLY
         VILLAGE, PIN - 686507
 O.P.(C)No.1524/2022

                                -:2:-




      5       PONKUNNAM SERVICE CO-OPERATIVE BANK
              PONKUNNAM REPRESENTED BY ITS SECRETARY,
              PONKUNNAM KARA, KANJIRAPPILLY VILLAGE, PIN -
              686506

      6       MUTHOOT FINANCE LTD
              PANKUNNAM BRANCH, REPRESENTED BY ITS BRANCH
              MANAGER,
              OPPOSITE POLICE STATION, PONKUNNAM KARA,
              KANJIRAPPILLY VILLAGE, PIN - 686506

      7       CATHOLIC SYRIAN BANK
              PONKUNNAM BRANCH, REPRESENTED BY ITS BRANCH
              MANAGER, PONKUNNAM KARA, KANJIRAPPILLY VILLAGE,
              PIN - 686506

      8       HDFC BANK
              KANJIRAPPALLY BRANC REPRESENTED BY ITS BRANCH
              MANAGER. KANJIRAPPALLY KARA, KANJIRAPPILY
              VILLAGE, PIN - 686506

      9       NATIONAL BANKERS
              PONKUNNAM, REPRESENTED BY ITS MANAGER, PONKUNNAM
              KARA, KANJIRAPPILLY VILLAGE, PIN - 686506

              BY ADV C.B.BHAGYALEKSHMY

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.1524/2022

                                        -:3:-




                      Dated this the 25th day of August,2022

                              JUDGMENT

The original petition is filed to direct the Court of the Munsiff, Kanjirappally, to consider and dispose of O.S.No.54/2019 (Ext.P1) within a time frame.

2. Pursuant to the order passed by this Court on 16.08.2022, the learned Munsiff, Kanjirappally, by communication dated 19.08.2022, has informed this Court that the suits stands listed in the special list on 04.11.2022. The court below would make every endeavour to dispose of the suit within suit months.

3. Heard; Sri. C.R. Sivakumar, the learned counsel appearing for the petitioner and Smt. C.B.Bhagyalekshmy, the learned counsel appearing for the respondents.

4. In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers O.P.(C)No.1524/2022 -:4:- of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Kanjirappally, to consider and dispose of O.S.No.54/2019, as expeditiously as possible and in accordance with law, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

The original petition is ordered accordingly.

Sd/-

                                        C.S.DIAS,JUDGE

DST/25.08.22                                             //True copy/

                                                         P.A.To Judge
 O.P.(C)No.1524/2022

                              -:5:-




                            APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1         THE TRUE COPY OF THE OS NO. 54/2019

BEFORE THE HON'BLE MUNSIFF COURT KANJIRAPPALLY EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT EXHIBIT P3 THE TRUE COPY OF THE E-COURT PROCEEDINGS OF OS NO 54/2019 RESPONDENTS' EXHIBITS: NIL