K.Sreenivasan vs K.Raveendran
2021 Latest Caselaw 21150 Ker

OP(C) NO. 1495 OF 2021
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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
       WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                              OP(C) NO. 1495 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 58/2019 OF ADDITIONAL MUNSIFF COURT,
                                      KANNUR
PETITIONER/PLAINTIFF:

              K.SREENIVASAN,
              AGED 49 YEARS
              S/O. NARAYANAN, MECHANIC, KOYYOTTU HOUSE, THANA POST,
              KANNUR DISTRICT, PIN-670 012

              BY ADV P.K.RAVISANKAR


RESPONDENT/DEFENDANT:

              K.RAVEENDRAN,
              AGED 47 YEARS
              S/O. NARAYANAN, MECHANIC, KOYYOTTU HOUSE, THANA POST,
              KANNUR DISTRICT,PIN-670 012

              BY ADVS.
              T.RAMESH BABU
              C.K.SREEJITH



      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1495 OF 2021
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                            JUDGMENT

Dated this the 20th day of October, 2021

The limited relief sought in this Original Petition

is for expeditious disposal of O.S.No.58 of 2019 on the

files of the Additional Musiff's Court, Kannur filed by

the petitioner.

2. Learned Counsel for the petitioner submitted

that the petitioner is a physically handicapped person

and continuance of the present state of affairs with

both petitioner and the defendant staying in the same

premises, is not conducive for both parties.

3. Learned Counsel for the respondent raised

contentions on the merits of the suit, which I am not

inclined to consider in view of the limited relief being

granted.

4. In the report submitted by the learned

Munsiff, it is stated that the suit is posted for

objections to the Commissioner's report and the

defendant's application for amending the written

statement is also pending consideration. It is OP(C) NO. 1495 OF 2021

pointed out that the suit is presently not ripe for

trial and can be disposed of within six months of

framing of issues.

Having heard the learned Counsel on either side

and having considered the report, the Original

Petition is disposed of, directing the Additional

Munsiff, Kannur, to dispose of the pending

interlocutory applications in O.S.No.58 of 2019 within

one month of receipt a copy of this judgment and to

take earnest efforts to dispose of the suit within six

months thereafter.

Sd/-

V.G.ARUN

JUDGE NB/20-10 OP(C) NO. 1495 OF 2021

APPENDIX OF OP(C) 1495/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. 58 OF 2019 ON THE FILES OF ADDITIONAL MUNSIFF'S COURT, KANNUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT/DEFENDANT IN O.S. 58 0F 2019 ON THE FILES OF ADDITIONAL MUNSIFF'S COURT, KANNUR.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF DIFFERENTLY ABLED DATED 24.3.2021 ISSUED BY THE GOVERNMENT DISTRICT HOSPITAL, KANNUR.

RESPONDENT'S EXHIBITS: NIL

True Copy

P.A to Judge