Ramachandran Pillai vs Chandran Pillai
2021 Latest Caselaw 9993 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                          OP(C).No.581 OF 2021

              OS 513/2013 OF MUNSIFF COURT, PUNALUR


PETITIONER/1ST DEFENDANT:

             RAMACHANDRAN PILLAI, AGED 71 YEARS
             S/O. CHELLAPPAN PILLAI, VALIYA VEEDU, MATHRA,
             KARAVALOOR VILLAGE, KOLLAM DISTRICT.

             BY ADVS.
             SRI.SUBHASH CYRIAC
             SMT.SHEEBA JOSEPH
             SRI.S.SREEJITH

RESPONDENTS/DEFENDANTS:

      1      CHANDRAN PILLAI, AGED 80 YEARS,
             S/O. RAMAN PILLAI, KOCHU VEETIL,
             MATHRA, KARAVALOOR VILLAGE P.O,
             KOLLAM DISTRICT, PIN - 691333.

      2      RUGMINIAMMA, AGED 64 YEARS
             D/O. CHELLAPPAN PILLAI, VALIYA VEEDU, MATHRA,
             P.O.KARAVALOOR VILLAGE, KOLLAM DISTRICT - 691333.

      3      SREEDEVI, AGED 37 YEARS
             D/O. RAJAMMA, VALIYA VEEDU,
             MATHRA, P.O, KARAVALOOR VILLAGE,
             KOLLAM DISTRICT - 691 333.


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.581 OF 2021


                                                     2



                                              JUDGMENT

The petitioner herein is the first defendant in

O.S.No.513/2013 on the file of the Munsiff Court, Punalur.

He seeks a direction to be issued to the court below to

dispose of the suit within a time frame to be fixed by this

Court.

2. I heard the learned counsel appearing for the petitioner.

3. A report was called for from the court below and in report

dated 16.03.2021, it is mentioned that in spite of notice

being given to the commissioner, he has not filed the

report so far. The impression given to this Court is to the

effect that unless pre-trial steps could be completed, the

suit cannot be finally disposed of. However the officer has

sought for a period of eight months for final disposal of

the suit.

4. Considering the fact that the petitioner is a senior citizen,

I am of the opinion that a direction for speedy disposal

shall be issued to the court below.

5. In the result, the original petition is allowed with a

direction to the court below to dispose of O.S.No.513/2013

within a period of eight months from the date of

institution of commission report. OP(C).No.581 OF 2021

6. It is also directed that the parties to the suit shall co-

operate with the court below for an early disposal of the

matter.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/24/03/2021 OP(C).No.581 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.513/2013 BEFORE THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.513/2013 BEFORE THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM TALUK HOSPITAL, PUNALUR IN FAVOUR OF THE PETITIONER.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE