OP(C) NO. 695 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
OP(C) NO. 695 OF 2022
OS 348/2018 OF MUNSIFF COURT, CHERTHALA
PETITIONER/S:
SHIBU S/O. BHASKARA KAIMAL,AGED 49 YEARS
KALATHILPARAMBIL HOUSE, PANAVALLYMURI, PANAVALLY
VILLAGE, POOCHACKAL.P.O., CHERTHALA TALUK,
ALAPPUZHA, PIN - 688526
BY ADVS.
P.M.SHAHIDA
V.HARI
RESPONDENT/S:
1 REETHAMMA, W/O. AUGUSTIN JOSEPH, AGED 67 YEARS
PANICKASSERRIL HOUSE, PANAVALLYMURI, PANAVALLY
VILLAGE,WARD XII, POOCHACKAL P.O, CHERTHALA TALUK,
ALAPPUZHA DISTRICT, PIN - 688526
2 JOHN AUGUSTINE, AGED 39 YEARS, S/O. AUGUSTIN
JOSEPH,PANICKASSERRIL HOUSE, PANAVALLYMURI,
PANAVALLY VILLAGE,WARD XII, POOCHACKAL P.O,
CHERTHALA TALUK,ALAPPUZHA DISTRICT, PIN - 688526
3 BALACHANDRA KAIMAL, AGED ABOUT 69 YEARS,
KALATHILPARAMBIL HOUSE, PANAVALLY MURI, PANAVALLY
VILLAGE, PANAVALLY PANCHAYATH,POOCHAKKAL P.O.,
CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688526
4 MADHU, AGED ABOUT 46 YEARS
S/O. KARUNAKARA KAIMAL, KALATHILPARAMBIL HOUSE,
PANAVALLYMURI, PANAVALLY VILLAGE, PANAVALLY
PANCHAYATH, POOCHAKKAL P.O., CHERTHALA TALUK ,
ALAPPUZHA DISTRICT, PIN - 688526
OP(C) NO. 695 OF 2022
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BY ADVS.
ALEXANDER JOSEPH
AKHILASREE BHASKARAN(K/001344/2016)
ANTONY NIKHIL REMELO(K/001065/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 695 OF 2022
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JUDGMENT
The original petition is filed to direct the Court of the Munsiff, Cherthala to dispose of O.S.No.348/2018 within a time frame.
2. Pursuant to the order dated 06.04.2022 passed by this Court, the learned Munsiff has by communication dated 17.05.2022 informed this Court that she is prepared to dispose of the suit within six months from completion of the pre-trial steps.
3. Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2. Even though notice has been served on the respondents 3 and 4, there is no appearance for them.
4. In the light of the pleadings and materials on record and the above mentioned communication of the learned Munsiff and in exercise of the supervisory powers of this Court under Article 227 of the Constitution of OP(C) NO. 695 OF 2022 4 India, I direct the Court of the Munsiff, Cherthala to dispose of O.S.No.348/2018, as expeditiously as possible and in accordance with law, after affording all the parties an opportunity of being heard, within a period of six months from the date of receipt of a certified copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rkc/01.06.22 OP(C) NO. 695 OF 2022 5 APPENDIX OF OP(C) 695/2022 PETITIONER'S EXHIBITS ExhibitP1 TRUE COPY OF THE PLAINT DATED 16.07.2018 IN O.S.NO.348 OF 2018 ON THE FILES OF THE MUNSIFF COURT, CHERTHALA Exhibit P2 TRUE COPY OF THE ORDER DATED 17.07.2018 IN I.A. NO. 1779/ 2018 IN O.S. 348/2018 ON THE FILE OF THE MUNSIFF'S COURT, CHERTHALA Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 12.08.2019 IN O.S.NO.348 OF 2018 ON THE FILE OF THE MUNSIFF COURT, CHERTHALA Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 15.3.2022 ISSUED FROM THE MEDICAL PRACTITIONER OF DEPARTMENT OF REPRODUCTIVE MEDICINE, SAT HOSPITAL, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM ExhibitP4(a) TRUE COPY OF THE OP TICKET DATED 14.02.2022 OF MEDICAL COLLEGE, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN OS 348/2018