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OP (C)No. 979 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(C) NO. 979 OF 2022
TO DISPOSE OF FDIA 797/2016 IN OS 103/2015 OF MUNSIFF COURT,
ALATHUR
PETITIONER/S:
SUSEELA,AGED 52 YEARS,D/O.VELLAPPAN, CHEMBAKKAD,
KAZHANI, ALATHUR. NOW RESIDING AT
H.NO.12/15, KALLUMADAI NEDUVEETHI,
SINGANELLUR, COIMBATORE, TAMIL NADU,
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 VESU,AGED 82 YEARS,W/O.VELLAPPAN, CHEMBUKKADU,
KAZHANI, ALATHUR, PALAKKAD, PIN - 678543
2 BALACHANDRAN,AGED 66 YEARS,S/O. VELLAPPAN,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD, PIN - 678543
3 RADHAKRISHNAN,AGED 64 YEARS,S/O. VELLAPPAN,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD, PIN - 678543
4 VIJAYAN,AGED 62 YEARS,S/O. VELLAPPAN,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD, PIN - 678543
5 USHA,AGED 40 YEARS,W/O.LATE.KUNCH, CHEMBUKKADU,
KAZHANI, ALATHUR, PALAKKAD. NOW
RESIDING AT KURUPPATHUKAD VEEDU,
PAZHAMBALACODE, TARUR-I VILLAGE,
ALATHUR, PALAKKAD, PIN - 678544
6 PRASANNA,AGED 31 YEARS,D/O.LATE.KUNCH,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD. NOW RESIDING
AT W/O.ANEESH, VALLIKKAD, KAVASSERY,
KAZHANICHUNGAM, KAVASSERY-II VILLAGE,
ALATHUR, PALAKKAD, PIN - 678543
7 PRADHAP,AGED 30 YEARS,S/O.LATE.KUNCH,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD. NOW
RESIDING AT KURUPPATHUKAD VEEDU,
PAZHAMBALACODE, TARUR-I VILLAGE,
ALATHUR, PALAKKAD, PIN - 678544
8 CHANDRIKA,AGED 53 YEARS,D/O.VELLAPPAN,
CHEMBUKKADU,KAZHANI, ALATHUR, PALAKKAD, PIN - 678543
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (C)No. 979 of 2022
C.S DIAS,J.
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OP (C)No. 979 of 2022
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Dated this the 7th day of July, 2022.
JUDGMENT
The original petition is filed to direct the Court of the Munsiff, Alathur, to consider and dispose of FDIA No.797/2016 (Ext 2) in OS No.103/2015 within a time frame.
2. Pursuant to the direction of this Court on 10.6.2022, the learned Munsff, Alathur, by communication dated 24.6.2022, has informed this Court that the learned Munsiff is holding additional charge of the Court of the Munsiff, Alathur. Nevertheless, the learned Munsiff requires six months' time to dispose of the above application.
3. Heard; Sri.V.A Johnson, the learned counsel appearing for the petitioner. In view of the submission made before this Court that the respondents were ex parte before the court below and in view of the limited 3 OP (C)No. 979 of 2022 relief that I propose to pass, I dispense with notice to the respondents.
In the light of the pleadings and materials on record, especially taking note of the communication of the learned Munsiff, in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Alathur to consider and dispose of FDIA No.797/2016 in OS No.103/2015 , in accordance with law, as expeditiously as possible, at any rate, on or before 31.12.2022.
The original petition is ordered accordingly.
SD/-
sks/7.07.2022 C.S.DIAS, JUDGE
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OP (C)No. 979 of 2022
APPENDIX OF OP(C) 979/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE JUDGMENT IN
O.S.NO.103/2015 OF THE COURT OF MUNSIFF AT ALATHUR DATED 15.07.2015 Exhibit2 TRUE COPY OF THE F.D.I.A.NO.797/2016 IN O.S.NO.103/2015 OF THE COURT OF MUNSIFF AT ALATHUR DATED 04.04.2016