Ajayan P.R vs Babu C. George
2021 Latest Caselaw 4932 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                            OP(C).No.120 OF 2021

          AGAINST THE ORDER/JUDGMENT IN OS 781/2005 OF PRINCIPAL
                         MUNSIFF COURT, ERNAKULAM


PETITIONER/2ND PLAINTIFF:

              AJAYAN P.R.,
              AGED 50 YEARS,
              S/O.(LATE) RAMAN, PANAKKATTUPARAMBIL HOUSE, VENNALA
              P.O., ERNAKULAM, PIN 682 028

              BY ADV. SMT.MRINUAAL

RESPONDENTS/DEFENDANT/1ST PLAINTIFF:

      1       BABU C. GEORGE, AGED 48,
              CHANDRATHIL HOUSE, CIVIL LANE ROAD, PALARIVATTOM
              P.O., COCHIN 682 025

      2       ASHOKKUMAR, AGED 52,
              S/O.KUTTIKRISHNAN NAIR, ASHOK BHAVAN, VENNALA P.O.,
              COCHIN 682 028


     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.120 OF 2021                           2




                                    JUDGMENT

The plaintiff in O.S.No.781 of 2005 before

IInd Addl. Munsiff Court, Ernakulam is the

petitioner in this O.P filed invoking Article

227 of the Constitution of India. The

petitioner seeks a direction to be issued to

the court below to expedite trial of the suit

and to dispose of the same at the earliest

point of time.

2. A report was called for from the learned

Munsiff, who in the letter dated 21.1.2021

submitted that an advocate commissioner issued

in the matter is yet to file a report and plan

of the property. Since there is an indication

that without report and plan being submitted

the suit cannot be expedited, I am of opinion

that a direction can be given to the learned

Munsiff to dispose of the suit only after the

submission of the report and plan.

In the result, this OP(C) is allowed

directing the learned IInd Addl. Munsiff Court,

Ernakulam to dispose of O.S.No.781 of 2005

within a period of three months from the date

of submission of report and plan. It is further

directed that parties to the suit shall also

co-operate with the court below for expeditious

disposal of the matter.

Sd/-

T.V.ANILKUMAR, JUDGE

pm

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.781/05 OF THE MUNSIFF'S COURT ERNAKULAM DATED 2/6/05

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 7/9/05 IN O.S. 781/05

RESPONDENTS' EXHIBITS: NIL