Citation : 2021 Latest Caselaw 7322 Ker
Judgement Date : 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP(C).No.385 OF 2021
OS 565/2016 OF MUNSIFF'S COURT, KOLLAM
PETITIONER/4TH DEFENDANT IN OS:
ANANDAN,
AGED 73 YEARS
S/O.RAMU, THUNDUVILA VEEDU, ELAMPALLOOR VILLAGE,
PERUMPUZHA CHERRY, PERUMPUZHA P.O.,
KOLLAM - 691504.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS/DEFENDANTS 1 TO 3 AND PLAINTIFF IN OS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
COLLECTORATE, CUTCHERY P.O., KOLLAM - 691 013.
2 THE ADDITIONAL TAHASILDAR
TALUK OFFICE, KOLLAM - 691 001.
3 THE VILLAGE OFFICER
ELAMPALLOOR VILLAGE, ELAMPALLOOR P.O.,
KOLLAM-691 501.
4 SASI
S/O.RAMU, AGED 74 YEARS, THUNDUVILA VEEDU,
BHARGHAVY NIVAS, PERUMPUZHA CHERRY,
PERUMPUZHA P.O., ELAMPALLOOR VILLAGE,
KOLLAM - 691 504.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.385 of 2021
:-2-:
Dated this the 2nd day of March, 2021
J U D G M E N T
Heard the learned counsel representing the
petitioner who is the fourth defendant in
O.S.No.565/2016. I heard the learned Government
Pleader appearing for respondents 1 to 3.
2. This original petition is filed for issue
of direction to Munsiff's Court, Kollam, to dispose
of O.S.No.565/2016 within a time frame stipulated
by this Court.
3. A report was called for from the learned
Munsiff, who in her letter dated 15.02.2021 has
stated that the issues in the suit are yet to be
framed and pre-trial steps have also to be
completed by parties. Considering the fact that
this is an old suit of 2016, it is only fair and
reasonable to call upon the court below to dispose
of the suit as expeditiously as possible. The O.P.(C)No.385 of 2021
:-3-:
parties to the suit shall also co-operate with the
court below and complete pre-trial steps at the
earliest.
In the result, this original petition is
allowed directing the court below to dispose of
O.S.No.565/2016 within a period of six months from
the date of receipt of certified copy of this
judgment.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.385 of 2021
:-4-:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.565/2016 OF THE MUNSIFF COURT, KOLLAM FILED BY THE 4TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 1 TO 3 IN O.S.NO.565/2016 BEFORE THE MUNSIFF COURT, KOLLAM.
EXHIBIT P3 THE TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.565/2016 BEFORE THE MUNSIFF COURT, KOLLAM.
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