OP(C) NO. 1204 OF 2022
1
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. 1204 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 12/2022 OF ADDITIONAL
MUNSIFF COURT,KOCHI
PETITIONER/S:
CHARLES VARGHESE,AGED 68 YEARS, S/O. P.VARGHESE,
15/1376A,DEVASSAMPARAMBIL, MARKET ROAD,
NASARETH, KOCHI , PIN - 682002
BY ADVS.
K.R.VINOD
M.S.LETHA
K.S.SREEREKHA
NABIL KHADER
RESPONDENT/S:
1 MRS. JOYEE NELSON, THE TRUSTEE OF COCHIN SOCIAL
AND EDUCATIONAL CHARITABLE TRUST,
REGD.NO.647/05/IV,C.C.14/1042F, NASARETH,KOCHI
PIN - 682002
2 M/S. EXODUS PUBLIC SCHOOL, MARKET ROAD, NASARETH,
KOCHI 682 002, REP. BY ITS MANAGER MRS. JOYEE
NELSON.
3 COCHIN SOCIAL AND EDUCATIONAL CHARITABLE TRUST
MARKET ROAD, NASARETH,KOCHI, REPRESENTED BY ITS
TRUSTEE, MRS. JOYEE NELSON., PIN - 682002
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1204 OF 2022
2
JUDGMENT
The petitioner desires to get O.S.No.12/2022 on the file of the Court of the First Additional Munsiff, Kochi, to be disposed of out of turn.
2. The petitioner has averred in the original petition that he has filed Ext.P1 plaint on 10.01.2022, against the respondents, seeking a decree of mandatory injunction. The Court below was pleased to pass an ad- interim order of injunction. Even though the defendants have entered appearance in the suit, they have not filed their written statement even after the lapse of six months. The petitioner is a senior citizen, his wife is ailing with cancer and his two children are employed abroad. Hence, the petitioner seeks an expeditious disposal of the suit.
3. The Code of Civil Procedure, 1908, provides the procedure to be followed by civil courts, right from the OP(C) NO. 1204 OF 2022 3 date of institution of a suit till its disposal.
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 on 10.01.2022. The Court below has posted the suit for the written statement of the defendants. Thus, the suit 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 OP(C) NO. 1204 OF 2022 4 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 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 an unwarranted litigation and is meritless. Hence, the original petition is dismissed at the threshold.
Sd/-
C.S.DIAS, JUDGE rkc/07.07.22 OP(C) NO. 1204 OF 2022 5 APPENDIX OF OP(C) 1204/2022 PETITIONER'S EXHIBITS Exhibit1 THE COPY OF THE PLAINT IN O.S. NO:12 / 2022 IN THE FILES OF THE HON'BLE IST ADDITIONAL MUNSIFF COURT ,KOCHI