IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
OP(C) NO. 2457 OF 2021
IN OS 186/2021 OF MUNSIFF COURT, CHITTUR
PETITIONER/PLAINTIFF:
RAVI VARMA THAMBAN,
AGED 86 YEARS,
S/O LATE DHATHRI VALIYARANI,
VENGANADU KOVILAKAM, NOW RESIDING AT B4,
SI BUILDING, KANNUR ROAD, KOZHIKODE,
PIN-673001.
BY ADV K.P.SUDHEER
RESPONDENTS/DEFENDANTS:
1 ASGAR,
S/O.MOHAMMED HANEEFA,
FARM HOUSE, 3/677,
KOTTAMAMKARA, PARUSSUVAYKKAL VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM,
PIN-695121.
2 SALEEM.T.H,
AGED 55 YEARS
S/O.HYDROSE, THEMBADATH HOUSE,
ALUVA.P.O, TASS ROAD,
ALUVA KARA, ALUVA WEST VILLAGE,
ALUVA TALUK,
ERNAKULAM DISTRICT,PIN-683101.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.2457/2021
-:2:-
Dated this the 3rd day of June,2022
JUDGMENT
The original petition is filed, inter alia, to direct the Court of the Munsiff, Chittur, to consider and dispose of I.A.No.997/2021 in O.S.No.186/2021(Ext.P5) within a time frame.
2. Pursuant to the orders passed by this Court on 17.12.2021, the learned Munsiff by communication dated 01.06.2022, has reported that the first respondent has entered appearance through the counsel and a commission report is filed. However, the second respondent has not appeared till date. The learned Munsiff is prepared to dispose of Ext.P5 within a period of three months.
3. Heard; the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass that is to direct the court below to dispose of Ext.P5 within a time frame, I dispense with O.P.(C)No.2457/2021 -:3:- notice to the respondents.
3. On a consideration of the pleadings and materials on record, particularly taking note of the fact that the petitioner is a 86 year old man, and the communication of the learned Government Munsiff, in exercise of the supervisory jurisdiction of this Court as enshrined under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Chittur, to dispose of Ext.P5, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date the process as against the second respondent gets completed/declared/he appears.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/03.06.22 //True copy/
P.A.To Judge
O.P.(C)No.2457/2021
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APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.186/2021
FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, CHITTUR, PALAKKAD.
EXHIBIT P2 TRUE COPY OF FINAL DECREE DATED
21.2.2003 IN FINAL DECREE IN
O.S.NO.1/1964 ON THE FILE OF THE
DISTRICT COURT, PALAKKAD.
EXHIBIT P3 TRUE COPY OF SURVEY PLAN IN RESPECT OF
THE PROPERT COMPRISED IN SY.NO.172/1 PART OF MUTHALAMADA VILLAGE.
EXHIBIT P4 CERTIFIED COPY OF REGISTERED SALE AGREEMENT NO.2325/2015 DATED 21.7.2015 IN RESPECT OF THE PLAINT SCHEDULE PROPERTY ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS.
EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER SEEKING INTERIM MANDATORY INJUNCTION IN O.S.NO.186/2021 BEFORE THE MUNSIFF'S COURT, CHITTUR,PALAKKAD.
EXHIBIT P6 TRUE COPY OF THE CASE STATUS PUBLISHED IN THE WEBSITE OF THE COURT BELOW.
RESPONDENT'S EXHIBITS: NIL