Kerala High Court
S.Sreekala vs Sreekumaran Nair 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. 1453 OF 2022
TO DISPOSE OF OS 549/2021 OF THE MUNSIFF COURT,NEDUMANGAD
PETITIONER/S:
S.SREEKALA
AGED 61 YEARS
D/O SARASWATHYAMMA,
MANVILAVEEDU, KOLIYACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
BY ADV LIJU. M.P
RESPONDENT/S:
1 M.S SREEKUMARAN NAIR
AGED 68 YEARS
S/O M.R.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
THIRUVANANTHAPURAM., PIN - 695607
2 M.S.SREENIVASAN
AGED 65 YEARS
S/O M.R.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
THIRUVANANTHAPURAM., PIN - 695607
3 M.S.SREEVALSAN
AGED 58 YEARS
S/O M.P.SUKUMARAN NAIR,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
4 SREEKUMARI
AGED 56 YEARS
D/O SARASWATHYAMMA,
MANVILAVEEDU, ALLIMALAR, KOLIACODE PO,
PUTHUVEEDU MURI, THIRUVANANTHAPURAM., PIN -
695607
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) No.1453 of 2022
C.S DIAS,J.
---------------------------
OP(C) No.1453 of 2022
-----------------------------
Dated this the 10th day of August, 2022.
JUDGMENT
The petitioner desires to get O.S.No.549/2021 of the
Court of the Munsiff, Nedumangad, to be disposed of out
of turn.
2. The petitioner has averred in the original petition
that, she is the first plaintiff in the above suit, which is
filed against the respondents 1 and 2 for partition and
consequential injunction. The respondents 3 and 4 are
also the plaintiffs in the suit. The obstruction that has
been caused by the respondents 1 and 2 is causing severe
mental agony to the petitioner. The petitioner and
respondents 1 and 2 are senior citizens. Therefore, the
petitioner seek for expeditious disposal of the suit.
3. The Code of Civil Procedure, 1908, provides the
procedure to be followed by civil courts, right from the
date of institution of a suit till its disposal.
OP(C) No.1453 of 2022
4. The supervisory jurisdiction of this Court under
Article 227 of the Constitution of India is to be exercised
sparingly and in appropriate cases. The power under this
Article casts a duty on this Court to keep subordinate
Courts and Tribunals within their bounds of authority and
see that they discharge their functions as per the mandate
prescribed under law. But, that does not mean that this
Court is to intermeddle with the proceedings before the
subordinate courts on the mere asking of a party, at their
whims and caprice.
5. Admittedly, Ext.P1 was instituted only on
22.9.2021. The respondents 1 and 2 are yet to file their
written statement. The suit is one for partition. It is only
at a nascent stage. Nonetheless, I do not assume for a
moment that the Court below will not follow the time lines
laid down under the Code of Civil Procedure to decide the
suit, in accordance with law and as per the seniority of the
suit. I do not find any ground or circumstance to exercise
the extra ordinary powers of this Court as enshrined
under Article 227 of the Constitution of India, to direct the
OP(C) No.1453 of 2022
Court below to give the petitioner an out of turn
preference and decide the suit in precedence to the older
pending cases. The original petition is unwarranted and is
dismissed.
sd/-
sks/10.8.2022 C.S.DIAS, JUDGE
OP(C) No.1453 of 2022
APPENDIX OF OP(C) 1453/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE PLAINT IN OS NO.549/2021
ON THE FILE OF MUNSIFF'S COURT,
NEDUMANGAD, THIURVANANANTHAPURAM
