Sutha. C.R vs Umadevi

Citation : 2022 Latest Caselaw 8535 Ker
Judgement Date : 6 July, 2022

Kerala High Court
Sutha. C.R vs Umadevi on 6 July, 2022
OP(C) NO. 2486 OF 2021
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        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE C.S.DIAS
 WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                 OP(C) NO. 2486 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 187/2019 OF PRINCIPAL
                 SUB COURT,IRINJALAKUDA
PETITIONER/S:

         SUTHA. C.R.
         AGED 66 YEARS
         W/O. MOHANLAL, RESIDING IN THE ADDRESS KOMPARA
         HOUSE, PRIYADARSINI NAGAR 130,KILIKOLLUR P.O,
         KOLLAM CORPORATION, KOLLAM DISTRICT 691 004

         BY ADV G.SREEKUMAR (CHELUR)



RESPONDENT/S:

   1     UMADEVI
         AGED 49 YEARS
         W/O. LAKSHMANAN, RESIDING IN THE ADDRESS SABARI
         HOUSE, SIVA TEMPLE LINE, POONKUNNAM P.O,
         THRISSUR DISTRICT 680 002

   2     HARISTHAMIRI
         AGED 26 YEARS
         D/O. LAKSHMANAN, RESIDING IN THE ADDRESS SABARI
         HOUSE, SIVA TEMPLE LINE, POONKUNNAM P.O,
         THRISSUR DISTRICT 680 002

   3     KRISHNAMOHAN
         AGED 69 YEARS
         S/O. RAMAN, RESIDING IN THE ADDRESS
         CHAKKANGATHODIYIL HOUSE, BUILDING NO XV/580, MLA
         ROAD, KUTTUR VILLAGE DESOM, KUTTUR P.O, THRISSUR
         DISTRICT 680 013
 OP(C) NO. 2486 OF 2021
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   4      RAYMOND NARAYAN
          AGED 25 YEARS
          S/O. NARAYANAN DAS, RESIDING IN THE ADDRESS
          ARAMANAYIL HOUSE, PALAZHI P.O, THURAVU VILLAGE,
          PUTHUKAD, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
          680 301

   5      NATASHA NARAYANAN
          AGED 23 YEARS
          D/O. NARAYANA DAS, RESIDING IN THE ADDRESS
          ARAMANAYIL HOUSE, PALAZHI P.O, THURAVU VILLAGE,
          PUTHUKAD, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
          680 301

              BY ADV N.L.BITTO




       THIS    OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
06.07.2022,      THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2486 OF 2021
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                         JUDGMENT

The original petition is filed, interalia, to direct the Court of the Subordinate Judge, Irinjalakuda to consider and dispose of O.S.No.187/2019, within a time frame.

2. Pursuant to the order dated 21.12.2021 passed by this Court, the learned Subordinate Judge, Irinjalakuda, by communication dated 03.01.2022, has informed this Court that service on the 3 rd defendant in the suit is yet to be completed. Therefore, the learned Subordinate Judge is prepared to dispose of the case within a period of eight months from the date the 3rd defendant enters appearance in the suit.

3. Heard; Sri.G.Sreekumar Chelur, the learned counsel appearing for the petitioner and Sri.N.L.Bitto, the learned counsel appearing for the 5 th respondent. Even though service is complete on the other OP(C) NO. 2486 OF 2021 4 respondents, there is no appearance for them.

In the light of the pleadings and the materials on record and after perusing the communication of the learned Subordinate Judge and in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Subordinate Judge, Irinjalakuda to consider and dispose of O.S.No.187/2019 in accordance with law, as expeditiously as possible, at any rate on or before 10.04.2023.

sd/-

C.S.DIAS, JUDGE rkc/06.07.2022 OP(C) NO. 2486 OF 2021 5 APPENDIX OF OP(C) 2486/2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O S NO.

187 OF 2019 DATED 5-10-2019 ON THE FILE OF THE SUB COURT, IRINJALAKUDA