V.Manoj vs P.Raveendran
2021 Latest Caselaw 18349 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          OP(C) NO. 1230 OF 2021
         AGAINST THE ORDER/JUDGMENT IN OS 3/2020 OF MUNSIFF COURT,
                        PARAPPANANGADI, MALAPPURAM
PETITIONER/S/2ND PLAINTIFF:

              V.MANOJ
              AGED 50 YEARS, S/O ACHUTHAN NAIR,
              RESIDING AT VILAKATHARA HOUSE, P.O, AZHINJILAM,
              MALAPPURAM DISTRICT 673 638., PIN - 673638

              BY ADVS.
              T.SETHUMADHAVAN (SR.)
              PREETHI. P.V.
              M.V.BALAGOPAL



RESPONDENT/S/DEFENDANTS:

     1        P.RAVEENDRAN
              AGED 66 YEARS, S/O C. RAMAN, HOUSE NO. 1/532, ARCHANA
              HOUSE, P.O. AZHINJILAM, MALAPPURAM DISTRICT. 673 638.,
              PIN - 673638

     2        REENA
              AGED 61 YEARS, W/O P. RAVEENDRAN, HOUSE NO. 1/532,
              ARCHANA HOUSE, P.O. AZHINJILAM, MALAPPURAM DISTRICT. 673
              638.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1230 OF 2021
                                2



                           JUDGMENT

The petitioner is the second plaintiff in O.S.No.3 of 2020

on the files of the Munsiff Court, Parappanagadi. The suit is

filed seeking to evict the defendants and their family from

the plaint schedule building and for mandatory injunction,

directing the defendants to hand over the key of the

building. Further prayer is for recovery of the license fee

due from the defendants.

2. Learned Senior Counsel appearing for the

petitioner submits that the suit is ought to be decided

expeditiously since the first plaintiff, who is a defense

personnel, has retired from service and is permitted to

occupy his quarters only upto 01.12.2021. On his return, the

first plaintiff intends to reside in the plaint schedule building.

Therefore, unless the suit is heard and decided on an early

date, the first plaintiff will be rendered homeless. OP(C) NO. 1230 OF 2021

3. Despite service of notice, the respondent has not

appeared.

4. In the report called for by this Court, the learned

Munsiff has stated about the progress of the suit and has

pointed out that atleast six months time will be required to

dispose the suit.

Having heard the learned Senior Counsel and having

considered the report, the original petition is disposed of

directing the Munsiff, Parappanagadi to dispose O.S.No.3 of

2020 within an outer limit of eight months of receipt of a

copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 1230 OF 2021

APPENDIX OF OP(C) 1230/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPLY NOTICE SENT BY RESPONDENT DATED 19.12.2019.

Exhibit P2 TRUE COPY OF THE PLAINT O.S. 3/2020 ON THE FILE OF THE MUNSIFF COURT, PARAPPANANGADI DATED 03.01.2020.

Exhibit P3 TRUE COPY OF PLAINT O.S. 297/2019 ON THE FILE OF MUNSIFF COURT, PARAPPANANGADI DATED 10.12.2019.

Exhibit P4 TRUE COPY OF THE ORDER IN C.M.A. NO.

4/2020 DATED 10.03.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN OP.C NO.

1725/2020 DATED 29.01.2021.

Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT DIRECTOR OF ESTATES, GOVERNMENT OF INDIAN NEW DELHI DT. 04.06.2021.

RESPONDENT'S EXHIBITS: NIL