Rajamma vs Sathi

Citation : 2022 Latest Caselaw 6589 Ker
Judgement Date : 9 June, 2022

Kerala High Court
Rajamma vs Sathi on 9 June, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                    OP(C) NO. 2078 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OS 389/2019 OF MUNSIFF
                       COURT,KAYAMKULAM
   CMA 9/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONERS/PETITINERS IN C.M.A./DEFENDANTS:

    1    RAJAMMA,
         AGED 48 YEARS,
         W/O.BABU, KOCHUPARAMBIL VEEDU,
         PATHIYOOR EAST MURI, PATHIYOOR VILLAGE.

    2    BAIJU,
         AGED 30 YEARS,
         S/O.BABU, KOCHUPARAMBIL VEEDU,
         PATHIYOOR EAST MURI, PATHIYOOR VILLAGE.

         BY ADVS.   V.H.JASMINE
                    JESWIN P.VARGHESE
                    RAHMATH C.A.
                    M.M.ALIKUNJU
                    R.SUSHA
                    G.HARIKRISHNAN
                    K.P.SURYA
                    REETHU JACOB
                    THAHSEEM.A

RESPONDENTS/ RESPONDENTS IN C.M.A./PLAINTIFFS:

    1    SATHI,
         AGED 52 YEARS,
         W/O.BABU, KOCHUPARAMBIL VEEDU,
         PATHIYOOR EAST MURI, PATHIYOOR VILLAGE,
         ALAPPUZHA DISTRICT, PIN-690 106.

    2    SANDYA,
         AGED 30 YEARS,
         D/O.SATHI, KOCHUPARAMBIL VEEDU,
         PATHIYOOR EAST MURI, PATHIYOOR VILLAGE,
         ALAPPUZHA DISTRICT, PIN-690 106.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.2078/2021

                                      -:2:-




                      Dated this the 9th day of June,2022

                            JUDGMENT

The original petition is filed, to direct the Court of the Additional District Judge-I, Mavelikkara, to dispose of C.M.A.No.9/2020(Ext.P3) within a time frame.

2. Pursuant to the orders passed by this Court on 15.11.2021, the learned District Judge, has by report dated 20.11.2021, informed this Court that the above appeal can be disposed of within a period of eight months from the date of report.

3. Heard; the learned counsel appearing for the petitioner. Even though notice of this original petition has been served on the learned counsel appearing for the respondents before the appellate court, there is no appearance for them.

4. In the light of the pleadings and materials on record and the report given by the learned District O.P.(C)No.2078/2021 -:3:- Judge, 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 Additional District Judge-I, Mavelikkara, to consider and dispose of C.M.A.No.9/2020(Ext.P3), in accordance with law, as expeditiously as possible, at any rate, on or before 23.12.2022.

The original petition is ordered accordingly.

Sd/-

                                           C.S.DIAS,JUDGE

DST/09.06.22                                                   //True copy/

                                                               P.A.To Judge
 O.P.(C)No.2078/2021

                              -:4:-




                            APPENDIX


PETITIONERS' EXHIBITS
EXHIBIT P1         THE TRUE COPY OF THE OS NO.389/2019.

EXHIBIT P2            THE TRUE COPY OF THE INTERIM ORDER IA

NO.1944/2019 IN OS NO.389/2019 BY MUNSIFF COURT, KAYAMKULAM DATED 06.03.2020.

EXHIBIT P3 THE TRUE COPY OF THE CMA NO.9/2020. EXHIBIT P4 THE TRUE COPY OF THE CMA NO.9/2020 COPY OF IA NO.2/2020 DATED 11.06.2020.

RESPONDENTS' EXHIBITS: NIL