Kerala High Court
T.K. Balakrishnan Namboothiri vs Veroor Sastha Devaswom on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
OP(C) NO. 2145 OF 2021
(OS 42/2016 OF SUB COURT, KOTTAYAM)
PETITIONERS/PLAINTIFFS:
1 T.K. BALAKRISHNAN NAMBOOTHIRI
AGED 59 YEARS
S/O. KRISHNARU KRISHNARU, THEVALASSERRY ILLAM,
VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANASSERY
TALUK, KOTTAYAM DISTRICT, PIN-686 104.
2 P.K.GOPALAN NAIR
AGED 71 YEARS
S/O. KRISHNAN NAIR, VATTOLITHAZHE
HOUSE(POOVATHINKAL), VEROOR P.O., VADAKKEKARA,
CHETHIPUZHA VILLAGE, CHANGANASSERY TALUK,
KOTTAYAM DISTRICT, PIN-686 104.
BY ADVS.
JOSEPH GEORGE
BIJO THOMAS GEORGE
NICEY A. MENON
RESPONDENTS/DEFENDANTS:
1 VEROOR SASTHA DEVASWOM
A PUBLIC RELIGIOUS TRUST REPRESENTED BY ITS
TRUSTEES, THE PRESIDENT, SECRETARY AND TREASURER
OF N.S.S KARAYOGAM NO.392 WORKING AT SREE DHARMA
SASTHA TEMPLE, VEROOR P.O., VEROOR KARA,
CHETHIPUZHA VILLAGE, KOTTAYAM DISTRICT, PIN-686
104.
2 N.S.S. KARAYOGAM NO.392 VEROOR
REPRESENTED BY ITS PRESIDENT, K.G PRASANNA KUMAR,
AGED 50, S/O. GOPALA PILLIA, KUNNUMPURATHU
VEETTIL, VEROOR P.O.,CHETHIPUZHA VILLAGE,
KOTTAYAM DISTRICT, PIN-686 104.
3 N.S.S. KARAYOGAM NO.392 VEROOR
REPRESENTED BY ITS SECRETARY, K.S.RAJIV KUMAR,
KUNNUMPURATHU HOUSE, VEROOR P.O., CHETHIPUZHA
VILLAGE, KOTTAYAM DISTRICT, PIN-686 104.
O.P(C).No.2145 of 2021 2
4 N.S.S. KARAYOGAM NO.392 VEROOR
REPRESENTED BY ITS TREASURER, K.S.RAJI PRASAD,
KAKANAT HOUSE, VEROOR P.O., CHETHIPUZHA VILLAGE,
KOTTAYAM DISTRICT, PIN-686 104.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(C).No.2145 of 2021 3
A. BADHARUDEEN, J.
================================
O.P(C).No.2145 of 2021
================================
Dated this the 19th day of November, 2021
JUDGMENT
In this petition, the petitioners, who are plaintiffs in
O.S.No.42/2016 on the file of the Sub Court, Kottayam, seek an
early disposal of the same by the Sub Court.
2. Heard the learned counsel for the petitioners.
3. The learned counsel for the petitioners submitted that
2 specific directions are sought for in this Original Petition as
follows:
"(i) issue a direction to the Hon'ble Sub Court, Kottayam to
dispose O.S.42/2016 within a time frame fixed by this Hon'ble Court, at
any rate within a period of one year;
(ii) issue a direction to the Hon'ble Sub Court Kottayam to dispose I.A
374/2018 in O.S.No.42/2016 within a time frame fixed by this Hon'ble
Court, at any rate within a period of two months."
However, the learned counsel for the petitioners conceded that
the petitioners would be satisfied with a direction to dispose of
the Suit itself within a time fixed by this Court.
4. As the Suit is of the year 2016, no doubt it is one
coming under the category of 5+ old cases directed to be disposed
of at the earliest by the Apex Court as well as this Court,
repeatedly. In view of this matter, notice to the respondents is
dispensed with.
Therefore, this Original Petition is allowed and the Sub
Judge, Neyyattinkara is directed to expedite the trial in
O.S.No.42/2016 and dispose of the same at the earliest, at any
rate, within 6 months from the date of receipt of a copy of this
judgment or its production by the parties concerned before that
court.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
APPENDIX OF OP(C) 2145/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN OS
42/2016 OF THE HON'BLE SUB COURT
KOTTAYAM.
EXHIBIT P2 TRUE PHOTOCOPY OF I.A.NO.374/2018 IN
O.S.42/2016 OF THE HON'BLE SUB COURT
KOTTAYAM.
