Kerala High Court
Prakash Kumar vs Kamala Kumary Amma on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Wednesday, the 6th day of October 2021 / 14th Aswina, 1943
FAO NO. 50 OF 2020
I.A.NO.01/2020 IN AS 2/2020 OF THE SUB COURT, PUNALUR.
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APPELLANTS/PETITIONERS/APPELLANTS:
1.PRAKASH KUMAR,S/O. PONNAPPAN NAIR,AGED 55 YEARS,KOCHU VEEDU,
VENCHEMBU,KARAVALOOR VILLAGE,PUNALUR TALUK.
2.PONNAPPAN NAIR,AGED 92 YEARS,S/O. KESAVA PILLAI,KOCHU VEEDU,
VENCHEMBU,KARAVALOOR VILLAGE,PUNALUR TALUK.
BY ADVS.M/S.PAUL JACOB,ENOCH DAVID SIMON JOEL,RONY JOSE,
GEORGE A.CHERIAN,LEO LUKOSE & AMAL AMIR ALI,
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1.KAMALA KUMARY AMMA,W/O.SURENDRAN NAIR,
KAIPPALIYAZHIKATHU (ASOKA BHAVANAM),
THEVALAPPURAM VILLAGE,KOTTARAKKARA TALUK,PIN-691 507.
2.SALINI,D/O.SURENDRAN NAIR,
KAIPPALIYAZHIKATHU (ASOKA BHAVANAM),
THEVALAPPURAM VILLAGE,KOTTARAKKARA TALUK,PIN-691 507.
3.ASOKA KUMAR,S/O.SURENDRAN NAIR,
KAIPPALIYAZHIKATHU (ASOKA BHAVANAM),
THEVALAPPURAM VILLAGE,KOTTARAKKARA TALUK,PIN-691 507.
4.AMIRTHA KUMAR,S/O.SURENDRAN NAIR,
KAIPPALIYAZHIKATHU (ASOKA BHAVANAM),
THEVALAPPURAM VILLAGE,KOTTARAKKARA TALUK,PIN-691 507.
P.T.O.
5.SYAM KUMAR,S/O.SURENDRAN NAIR,
KAIPPALIYAZHIKATHU (ASOKA BHAVANAM),
THEVALAPPURAM VILLAGE,KOTTARAKKARA TALUK,PIN-691 507.
BY ADV. SRI.K.P.SUJESH KUMAR FOR R2 & R3.
This F.A.O. having come up for orders on 06.10.2021, upon perusing
the appeal memorandum, this Court's Judgment dated 22.07.2021 and letter
dated 13.08.2021 of the Sub Judge, Punalur, the court on the same day
passed the following:
P.T.O.
MARY JOSEPH, J.
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F.A.O.No.50 of 2020
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Dated this the 06th day of October, 2021
ORDER
A letter dated 13.08.2021 is received from Sub Court,
Punalur through District Court, Kollam seeking for extension of
time for disposal of A.S.No.02/2020 pending on its file. Direction
was issued by this court vide judgment dated 22.07.2021 in
F.A.O.No.50/2020 to dispose of A.S.No.02/2020 within one month
and therefore, the case ought to have been disposed of on or
before 22.08.2021.
2. It is submitted that the Judicial Officer concerned was
promoted as Sub Judge with effect from 31.05.2021.
Immediately thereafter the Government declared lock down
following the immense spread of Covid-19 viral infection.
Therefore there was no regular sitting in the court upto
16.06.2021. Online sitting was started and continued till the last
day of July 2021. The physical sitting was resumed only on
02.08.2021. It is stated that her inexperience in the post of Sub
Judge coupled with the pendency of number of impleading
petitions in the case restrained her from disposing the appeal
within the time limit fixed by this Court. According to her there
was no laches or negligence on her part in not disposing of the
appeal in time. She seeks for three months' time from
22.08.2021 for disposal of the appeal.
3. The Judicial Officer is not supposed to say about
inexperience. Whatever be the post he/she holds, he/she
must have to familiarize with the matters coming before it
and to dispose it with his/her legal acumen. This Court did
not find the reasons stated as apt and cogent ones. Only
disposal of an appeal is directed. For that, much tedious
processes are not required. Seeking extension of time in
matters wherein time bound disposal is directed is not a
healthy trend and is only to be deprecated. However, since
the time period is already expired, this Court is inclined to
grant only a month's time for disposal from the date of
receipt of this order by her.
The Judicial Officer concerned shall dispose of
A.S.No.02/2020 on or before 05.11.2021 and report
compliance. No further time will be granted in the matter.
sd/-
MARY JOSEPH
JUDGE
NAB
06-10-2021 /True Copy/ Assistant Registrar
