Arjunan vs Jayakumari
2021 Latest Caselaw 6922 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE C.S.DIAS

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                          OP(C).No.526 OF 2021

              IN OS 7/2018 OF SUB COURT, NEDUMANGAD


PETITIONER/PLAINTIFF:

             ARJUNAN, AGED 58 YEARS
             S/O. SUKUMARAN, RESIDING AT CHOTHY HOUSE,
             MYLAKKARA THEERAM ROAD,
             KALLIKKADU VILLAGE,
             THIRUVANANTHAPURAM FROM ARCHANA BHAVAN,
             PURAVOORKONAM, KARAKULAM VILLAGE, THIRUVANANTHAPURAM.

             BY ADV. SRI.R.GOPAN

RESPONDENTS/DEFENDANTS:

      1      JAYAKUMARI, AGED 60 YEARS
             D/O. SARASAMMA, RESIDING AT SREEJITH BHAVAN, MULAYARA
             P. O., KADAMBANADU DESOM,
             BHAGAVATHIPURAM,
             THIRUVANANTHAPURAM, PIN - 695 543,
             FROM MALAYATHU KAVUVILA PUTHENVEEDU,
             CHOVALLOOR DESOM, VILAPPIL VILLAGE,
             THIRUVANANTHAPURAM.

      2      SREEJITH, AGED 34 YEARS
             S/O. KARNAKARA PILLAI,
             RESIDING AT SREEJITH BHAVAN,
             MULAYARA P. O., KADAMBANADU DESOM,
             BHAGAVATHIPURAM,
             THIRUVANANTHAPURAM, PIN - 695 543,
             FROM MALAYATHU KAVUVILA PUTHENVEEDU,
             CHOVALLOOR DESOM, VILAPPIL VILLAGE,
             THIRUVANANTHAPURAM.

      3      KARNAKARA PILLAI, AGED 67 YEARS,
             S/O. GOPALAPILLAI, RESIDING AT SREEJITH BHAVAN,
             MULAYARA P. O., KADAMBANADU DESOM,
             BHAGAVATHIPURAM,
             THIRUVANANTHAPURAM, PIN - 695 543,
             FROM MALAYATHU KAVUVILA PUTHENVEEDU,
             CHOVALLOOR DESOM, VILAPPIL VILLAGE,
             THIRUVANANTHAPURAM.
 OP(C).No.526 OF 2021
                               2

      4      INDU, AGED 31 YEARS
             D/O. BABU, MERA NAGAR 24/1583,
             VALIYASSALA VILAYIL HOUSE,
             THYKKADU VILLAGE,
             THIRUVANANTHAPURAM - 695 502.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.526 OF 2021
                               3


                        C.S.DIAS,J
             ------------------------
                  OP(C)No.526 of 2021
             ------------------------
         Dated this the 26th day of February, 2021

                        JUDGMENT

This Original Petition is filed seeking the expeditious

disposal of O.S. No.7 of 2018 on the file of the court of the

Subordinate Judge, Nedumangad.

2. The petitioner in this Original Petition, who is

the plaintiff in OS No.7 of 2018, is aggrieved by the

inordinate delay in disposal of the above suit. The

petitioner has produced Ext.P3 proceedings, which shows

that the balance court fee was paid as early as on

30.01.2020 and the suit is being adjourned from time to

time without any particular proceeding. Hence, the

petitioner seeks for a direction to the court below to

dispose of OS No.7 of 2018 within a time frame.

3. In nature of the relief that I propose to pass, and

as the direction is being issued only to the court, I

dispense with notice to the respondents. OP(C).No.526 OF 2021

4. Considering the fact that the suit is of the year

2018, and steps have been completed as early as on

17.01.2021, in exercise of supervisory powers of this

Court under Article 227 of the Constitution of India, I

direct the Court of the Subordinate Judge,

Nedumangad, to consider and dispose of OS No.7 of

2018, in accordance with law, as expeditiously as

possible and at any rate within a period of six months

from the date of production of a copy of this judgment.

The Original Petition (Civil) is ordered accordingly.

Sd/-

C.S.DIAS,JUDGE

dlK 26.02.2021 OP(C).No.526 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE PLAINT IN O.S.NO.7/2018 FILED BY THE PETITIONER BEFORE THE SUB COURT, NEDUMANGADU.

EXHIBIT P2 PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 1 TO 3 BEFORE THE SUB COURT, NEDUMANGADU IN O.S.NO.7/2018.

EXHIBIT P3 PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENTS BEFORE THE SUB COURT, NEDUMANGADU IN O.S.NO.7/2018.

EXHIBIT P4 PHOTOCOPY OF THE POSTING PUBLISHED IN E-

COURT ISSUED BY THE SUB COURT, NEDUMANGADU.