Vannarath Girijavally vs Arathil Padinhare Purayil ...
2021 Latest Caselaw 18939 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       OP(C) NO. 1281 OF 2021
  AGAINST THE ORDER/JUDGMENT IN AS 16/2011 OF SUB COURT, PAYYANNUR,
                                 KANNUR
PETITIONER/S/PLAINTIFF NO.1:

           VANNARATH GIRIJAVALLY
           AGED 74 YEARS, D/O. LATE VAYA VEETTIL KUNHIRAMAN, W/O.
           LATE NARAYANA NAIR, RAMAPURAM, CHERUTHAZHAM AMSOM DESOM,
           KANNUR DISTRICT

           BY ADVS.
           TISSY ROSE K CHERIYAN
           KEERTHANA.V



RESPONDENT/S/DEFENDANTS 6 & 7:

     1     ARATHIL PADINHARE PURAYIL KUNHIKANNAN
           S/O. KUNHAMBU, RAMAPURAM CHERUTHAZAHAM AMMSAM DESOM,
           MANDOOR, KANNUR DISTRICT,PIN-670 504

     2     ARATHIL PADINHARE PURAYIL SAROJINI
           W/O. KUNHIRAMAN, KUPPATHI, KUNNARU, KARANTHAD.P.O.,
           RAMANTHALL, KANNUR DISTRICT,PIN-670 308


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1281 OF 2021
                                 2



                         JUDGMENT

The petitioner is the first respondent in A.S.No.16 of

2011 pending on the files of the Subordinate Judges Court,

Payyannur. The appeal is filed against the judgment and

decree in O.S.No.191 of 2008 filed by the petitioner. The

grievance highlighted herein is regarding the inordinate

delay in disposing the appeal.

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

Sub Judge has stated that the appeal was not taken up

earlier due to restricted functioning of the court and that the

appeal can be disposed of in three months time.

3. Despite service of notice on the Counsel appearing

for the respondents in the court below, there is no

appearance on their behalf.

In the light of the report, the Original Petition is

disposed of directing the Subordinate Judge, Payyanur to OP(C) NO. 1281 OF 2021

dispose A.S.No.16/2011 within three months of receipt of a

copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 1281 OF 2021

APPENDIX OF OP(C) 1281/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 6.1.2011 IN OS NO.191/2008 PASSED BY THE HON'BLE MUNSIFF COURT, PAYYANUR

Exhibit P2 A TRUE COPY OF THE APPEAL IN AS NO.16 OF 2011 FILED BY THE RESPONDENTS

Exhibit P3 TRUE COPY OF THE PROCEEDINGS TAKEN FROM THE WEBSITE (ECOURT SERVICES), OF THE SUBORDINATE COURT OF PAYYANNUR IN AS NO.16 OF 2011

RESPONDENT'S EXHIBITS: NIL