Kerala High Court
Anil George vs 1. Fr. John V. John on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
OP(C) NO. 1260 OF 2022
OS 500/2019 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER:
ANIL GEORGE
AGED 54 YEARS
S/O. N. GEORGE, EDAPPALAKKATTU HOUSE,
PIRAMADOM P.O., PAMPAKUDA VIA
PIN - 686667
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS:
1 FR. JOHN V. JOHN
AGED 57 YEARS
S/O. JOHN MATHEW,
RESIDING AT VADAKKEMUTTAPPILLIL HOUSE, PAMPAKUDA PO,
ONAKKUR VILLAGE, MUVATTUPUZHA TALUK, KOOTHATTUKULAM
PIN - 686667
2 FR. SIBI MATHEW VARGHESE
AGED 32 YEARS
S/O. M. M. VARGHESE, RESIDING AT TRINITY RETIREMENT
HOUSE, PASSIONAGE, KOLENCHERY, PIN - 682311
3 FR. REJI PAUL
AGED 39 YEARS
S/O. PAUL, RESIDING AT VETTUKATTIL HOUSE, PANCODE KARA,
IYKARANADU VILLAGE, PANCODE PO, KUNNATHUNADU TALUK,
PIN - 686667
4 BABY VARGHESE
AGED 66 YEARS
S/O. VARGHESE, RESIDING AT KANNEKATTU HOUSE, MEMURY
KARA, MEMURY VILLAGE, PAMPAKUDA PO,
MUVATTUPUZHA TALUK, PIN - 686667
5 BABY VARGHESE
AGED 55 YEARS
OP(C) NO. 1260 OF 2022 2
S/O. VARGHESE, AND RESIDING AT KUTTATTUKUDIYIL
HOUSE, KAYANADU KARA, MARADY VILLAGE, PIRAMADOM PO,
MUVATTUPUZHA TALUK, PIN - 686667
6 ABRAHAM K V
AGED 68 YEARS
S/O. VARGHESE, KANNEKKATTU HOUSE, MARADY VILLAGE,
MUVATUPUZHA TALUK, PIN - 686667
7 JOY M A
AGED 63 YEARS
S/O. ULAHANNAN, MEPPARAMBATHU HOUSE, ONAKKOOR
VILLAGE, MUVATTUPUZHA, PIN - 686667
8 ELIAS A K
AGED 49 YEARS
S/O. ULAHANNAN, MEPPARAMBATHU HOUSE, ONAKKOOR
VILLAGE, MUVATTUPUZHA, PIN - 686667
9 GIRI CHERIAN
AGED 48 YEARS
S/O. CHERIAN, VETTIKKATHADATHIL HOUSE, MARADY
VILLAGE, MUVATTUPUZHA, PIN - 686667
10 PAUL MATHEW
AGED 34 YEARS
S/O. BABY K PAUL, KIZHAKKEDATU HOUSE, ONAKKOOR
VILLAGE, MUVATTUPUZHA, PIN - 686667
11 BINU ABRAHAM
AGED 48 YEARS
S/O. ABRAHAM K. P. KANNEKATTTU HOUSE, ONAKKOOR
VILLAGE, MUVATTUPUZHA, PIN - 686667
12 BABY PAULOSE
AGED 68 YEARS
S/O. PAULOSE, KURUTTAMPURATHU HOUSE, NORTH
PIRAMADAM POST.PAMPAKUDA, MUVATTUPUZHA TALUK, PIN -
686667
13 ROY K C
AGED 57 YEARS
S/O. K. P. CHACKO, KADUVAKKATTU HOUSE, NORTH
PIRAMADAM POST, PAMPAKUDA, MUVATTUPUZHA TALUK, PIN
- 686667
BY ADVS.
MARTIN JOSE P
OP(C) NO. 1260 OF 2022 3
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
R.GITHESH(K/630/2002)
AJAY BEN JOSE(K/729/2012)
MANJUNATH MENON(K/000474/2015)
SACHIN JACOB AMBAT(K/734/2016)
HANI P.NAIR(K/194/2006)
ANNA LINDA V.J(K/1201/2020)
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1260 OF 2022 4
Dated this the 10th day of August, 2022
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff, Muvattupuzha, to consider and dispose of
O.S. No.500/2019, within a time frame.
2. The petitioner's case is that, even though the suit
was listed for trial as early as on 11.02.2021, the same
has not materialised and the suit is being adjourned from
time to time. Hence the original petition.
3. The respondents 1 and 2 have filed counter
affidavit refuting the allegations in the original petition.
They contend that it is the petitioner who is protracting
the determination of the suit. Moreover, there are other
applications also pending consideration before the court
below. It is only to stall the consideration of the said
applications, the present original petition is filed.
4. Heard; Sri. K.C.Eldo, the learned counsel
appearing for the petitioner and Sri. P.Martin Jose, the
learned counsel appearing for the respondents 1 and 2.
5. Pursuant to the order dated 14.07.2022 passed by
this Court, the learned Munsiff, Muvattupuzha, by
communication dated 20.07.2022, has informed this
Court that, the suit stands posted for framing of
additional issues. An application has been filed by third
parties to get themselves impleaded in the suit as
additional defendants 14 and 15. The plaintiff has filed
I.A.No.19/2022, to issue a direction to the respondents
15 and 16 in the application, to provide adequate police
protection to the plaintiff for enforcing the order passed
by the court below in I.A. No.3268/2019. The suit
stands posted for consideration of the applications to
30.07.2022. However, the court below is prepared to
dispose of the suit within six months.
In the light of the pleadings and materials on record
and after perusing the communication of the court below,
and hearing the rival contentions of the learned counsel,
in exercise of the supervisory powers of this Court under
Article 227 of the Constitution of India, I direct the Court
of the Munsiff, Muvattupuzha, to consider and dispose of
O.S. No.500/2019 and all the pending applications, in
accordance with law, as expeditiously as possible, at any
rate within an outer time limit of six months from the
date of receipt of a certified copy of the judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm10/08/2022
APPENDIX OF OP(C) 1260/2022
PETITIONER EXHIBITS
OF 2019 FILED BEFORE MUNSIFF'S COURT,
MUVATTUPUZHA
Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER AGAINST EXHIBIT
P1
Exhibit P3 A TRUE COPY OF IA NO.3998 OF 2019 IN OS
NO. 500/2019 FILED BEFORE MUNSIFF'S
COURT, MUVATTUPUZHA
Exhibit P4 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN EXHIBIT P3
Exhibit P5 A TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT OF INDIA DATED 27/10/2020
IN CIVIL APPEAL NOS. 7115 - 7116 OF 2019
Exhibit P6 A TRUE COPY OF THE ADVANCE PETITION IA
NO.19 OF 2022 IN OS NO.500 OF 2019 BEFORE
MUNSIFF'S COURT, MUVATTUPUZHA
