Kerala High Court
Sivaraman vs Sahadevan on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
OP(C).No.1862 OF 2020
ARISING FROM OS 80/2014 ON THE FILE OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
PETITIONER/PLAINTIFF:
SIVARAMAN
AGED 62 YEARS, S/O. SANKARAN,
NIKARHILVEETTIL, MANAPPURAM P.O.,
THYKKATTUSSERY VILLAGE, CHERTHALA TALUK, ALAPPUZHA.
BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
RESPONDENTS/DEFENDANTS:
1 SAHADEVAN
AGED 51 YEARS, S/O. VELAYUDHAN, NIKARHILVEETTIL,
MANAPPURAM P.O., THYKKATTUSSERY VILLAGE,
CHERTHALA TALUK, ALAPPUZHA-688524.
2 ARAVINDAN
AGED 57 YEARS, S/O. VELAYUDHAN,
NIKARHILVEETTIL, MANAPPURAM P.O., THYKKATTUSSERY
VILLAGE, CHERTHALA TALUK, ALAPPUZHA-688524.
3 VELAYUDHAN
AGED 84 YEARS, S/O. SANKARAN,
NIKARHILVEETTIL, MANAPPURAM P.O., THYKKATTUSSERY
VILLAGE, CHERTHALA TALUK, ALAPPUZHA-688524.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (C) No.1862/2020 -2-
GOPINATH P., J.
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O.P (C). No. 1862 OF 2020
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DATED THIS THE 25th DAY OF JANUARY, 2021
JUDGMENT
This original petition has been filed with the following
prayers:
"(i) Direct either the Additional Munsiff Court,
Cherthala or the Principal Munsiff Court, Cherthala which
is presently holding charge of the said court to consider
and dispose of Ext.P3 petition expeditiously at any rate
within a time limit stipulated by the Hon'ble Court.
(ii) Grant such other and further reliefs that this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."
2. The petitioner is the plaintiff in OS No.80/2014
wherein the prayer was for declaration of the petitioner's
easement rights over the plaint 'C' schedule pathway and for
mandatory and prohibitory reliefs. The said suit was decreed ex-
parte on 21-11-2019. The learned counsel for the petitioner
submits that the respondents have thereafter filed an application
to set aside the ex-parte decree. However, no orders have been
passed in that application. In the meanwhile the petitioner has
filed Ext.P3 application for removing obstructions in the said
pathway which is subject matter of the suit and for restoration of
status-quo ante.
3. Notice was ordered to the respondents, in the O.P (C)
on 18-12-2020. However, notice was not sent to the respondents
because the petitioner has not paid process. The learned counsel
for the petitioner submits that notice to the respondents may be
dispensed, as the only relief he has sought is for an expeditious
consideration of Ext.P3 application.
4. In the facts and circumstances of the case I deem it
appropriate to dispose of this original petition with a direction to
the Principal Munsiff Court, Cherthala holding charge of
Additional Munsiff Court, Cherthala or the Additional Munsiff
Court, Cherthala to consider Ext.P3 application with notice to
the respondents therein and dispose of the same within a period
of 2 months from the date of receipt of a copy of this judgment.
Original petition is disposed of as above.
(Sd/-)
GOPINATH P.
JUDGE
AMG
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.NO.80/2014 OF THE
ADDITIONAL MUNSIFF COURT, CHERTHALA DATED 3.2.2014.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 21.11.2019 IN
O.S.NO.80/2014 OF THE ADDITIONAL MUNSIFF COURT,
CHERTHALA.
EXHIBIT P3 A TRUE COPY OF THE I.A.NO.2/2020 IN OS NO.80/2014
DATED 1.12.2020 OF THE ADDITIONAL MUNSIFF COURT,
CHERTHALA.
