Citation : 2022 Latest Caselaw 9335 Ker
Judgement Date : 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. 1382 OF 2022
OS 1236/2021 OF II ADDITIONAL MUNSIFF COURT ,TRIVANDRUM
PETITIONER:
K.RAVEENDRAN
AGED 67 YEARS
S/O KOCHUKRISHAN,TC.15/1371,MOOLAVILAKOM, KUNNUKUZHI
P.O,VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM,
PIN - 695037
BY ADVS.
THOUFEEK AHAMED
P.A.AHAMMED
RESPONDENT:
T.RAJAGOPAL
AGED 66 YEARS
S/O V.T.RAMANUJAM, PROPRIETOR, VEERAIAHS, CBLOCK G-15,
TRIDA COMPLEX, PALAYAM P.O, THIRUVANANTHAPURAM,
PIN - 695033
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1382 OF 2022 2
Dated this the 10th day of August, 2022
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff -III, Thiruvananthapuram, to consider and
dispose of I.A. No.2/2022 (Ext.P6) in O.S. No.1236/2021,
within a time frame.
2. Pursuant to the order dated 04.08.2022 passed by
this Court, the learned Additional Munsiff-II,
Thiruvananthapuram, by communication dated
08.08.2022, has informed this Court that the suit stands
posted for filing of objections to I.A No.1/2021. In the
meantime, the petitioner has filed I.A. No.2/2022. The
respondent has not filed his objections to the said
applications. The case stands posted to 11.08.2022. The
court below would make every endeavour to dispose of
the application within two weeks.
3. Heard; Sri. Thoufeek Ahamed, the learned the
counsel appearing for the petitioner. In view of the
limited relief that I propose to pass, I dispense with
notice to the respondent.
4. In the light of the pleadings and materials on
record, and after perusing the communication of the
learned Munsiff, in exercise of the supervisory powers of
this Court under Article 227 of the Constitution of India, I
direct the Court of the Additional Munsiff-II,
Thiruvananthapuram, to consider and dispose of I.A.
No.2/2022, after affording the respondent to file his
objection to the said application within ten days from
today and thereafter to dispose of I.A. No.2/2022 within a
further period of ten days from the date of filing of the
objection.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm10/08/2022
APPENDIX OF OP(C) 1382/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO 1236/2021 PENDING BEFORE THE MUNSIFF COURT- III,THIRUVANANTHAPURAM
Exhibit P2 PHOTOCOPY OF ORDER IN IA NO 1/2021 ON OS1236/2021
Exhibit P3 TRUE COPY OF ORDER IN I.A NO 3/2021 IN OS NO 1236/ 2021 PENDING BEFORE THE MUNSIFF COURT III,THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXT P3
Exhibit P6 TRUE COPY OF IA NO 2/2022 FILED BY THE PETITIONER
Exhibit P7 TRUE COPY OF IA NO 3/2022 ADVANCE PETITION FILED BY THE PETITIONER
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