Shaji vs Nandhukrishnan
2021 Latest Caselaw 10315 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                         OP(C).No.311 OF 2021

      OS 552/2020 ON THE FILES OF PRINCIPAL MUNSIFF'S COURT,
                          NEYYATTINKARA


PETITIONER:

               SHAJI
               AGED 42 YEARS
               S/O.GEORGE, SHAJI BHAVANAM, LAKSHAM VEEDU MUKKU,
               PAVUMBA THEKKU, PAVUMBA, OACHIRA, KARUNAGAPPALLY
               TALUK, KOLLAM DISTRICT, PIN - 690 574.

               BY ADV. SRI.C.S.MANU

RESPONDENTS:

      1        NANDHUKRISHNAN
               AGED 27 YEARS
               S/O.JAYACHANDRAN, SREE NADU, PAZHANADU P.O.,
               OTTASEKHARAMANGALAM VILLAGE, THIRUVANANTHAPURAM,
               PIN - 695 125.

      2        SUNIL KUMAR
               AGED 33 YEARS
               S/O.SURENDRAN, BHATHAL BHAVAN, CHANDRAMANGALAM,
               AMCHAL P.O., KATTAKADA, THIRUVANANTHAPURAM,
               PIN - 695 572.

      3        THE MANAGER, INDUS IND BANK LIMITED
               NEDUMANGAD BRANCH, NEDUMANGAD P.O.,
               THIRUVANANTHAPURAM, PIN - 695 541.

               R1-2 BY ADV. SRI.GOPAKUMAR R.THALIYAL
               R1-2 BY ADV. SRI.S.VENUGOPAL
               R3 BY ADV. SRI.VARGHESE C.KURIAKOSE

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.311 OF 2021

                                           2




                                    JUDGMENT

Dated this the 26th day of March 2021

This O.P. is filed by the 1 st defendant in

O.S.No.552/2020 on the file of the Principal Munsiff's Court,

Neyattinkara, for issue of direction to the court below for

expeditious disposal of Ext.P3 I.A.No5/2020 in the aforesaid

O.S. within a time frame to be fixed by this Court.

2. I heard the learned counsel appearing for the

petitioner and the respondents.

3. A report was called for from the court below

in this respect. The learned counsel appearing for respondent

Nos. 1 and 2 raised objection to maintainability of

I.A.No.5/2020.

4. I am not going to the merits of the

contentions canvassed by the parties. As per the report the

learned Munsiff has given the status of the suit and has

sought ten months time to dispose of the suit.

5. In fact, the petition which requires urgent OP(C).No.311 OF 2021

consideration is Ext.P3 I.A.No.5/2020 pending before the

court below. In the nature of urgency expressed by the

petitioner herein, it is only just and fair to direct the court

below to take up the aforesaid I.A. forthwith for consideration

and pass appropriate orders in accordance with law after

hearing both parties.

In the result, this O.P. is allowed, directing the

court below to take up I.A.No.5/2020 for urgent consideration

and dispose it of within two weeks, in accordance with law as

observed above.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.311 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.S.NO.552 OF 2020 FILED BY THE 1ST AND 2ND RESPONDENTS ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT, NEYYATTINKARA.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT WITH COUNTER CLAIM FILED BY THE PETITIONER IN OS NO.552 OF 2020 ON THE PRINCIPAL MUNSIFF'S COURT, NEYYATTINKARA.

EXHIBIT P3 TRUE COPY OF I.A.NO.5 OF 2020 DATED 27/10/2020 FILED BY THE PETITIONER ON THE FILES OF PRINIPAL MUNSIFF COURT, NEYYATTINKARA.

//TRUE COPY// PA TO JUDGE