Citation : 2022 Latest Caselaw 9493 Ker
Judgement Date : 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
OP(C) NO. 1524 OF 2022
OS 54/2019 OF MUNSIF COURT, KANJIRAPPALLY
PETITIONER/1ST DEFENDANT:
P.T. THRESIAMMA
AGED 78 YEARS
PUTHUVELI CHIRAKADAVUVILLAGE
KANJIRPPILLY TALUK. CHIRAKKADAVU
KANJIRAPPALLY, PIN - 686506
BY ADVS. C.R.SIVAKUMAR
BINI.K
MINI.M.NAIR
RESPONDENTS/RESPONDENTS/ JUDGMENT DEBTORS:
1 PRAKASH VARGHESE
AGED 49 YEARS
S/O LATE P.K. VARGHESE, PUTHUVELL HOUSE,
CHENAPPADY KARA, KOOVAPPILLY VILLAGE IN
KANJIRAPPILLY TALUK, REP. BY HIS PA HOLDER T.M.
JOSEPH, AGED 69 YEARS, S/O THOMAS, RESIDING AT
THADATHIL HOUSE, THAMBALAKADU KARA, KANJIRAPPILLY
VILLAGE, KANJIRAPPILLY TALULC, PIN - 686518
2 ELIZABETH RANI VARGHESE
AGED 55 YEARS
D/O LATE P.K. VARGHESE,
PUTHUVELIL CHIRAKADAVU VILLAGE, KANJIRPPILLY
TALUK, PIN - 686518
3 RESMI MAXI
AGED 48 YEARS
W/O MAI K. BABY, RESIDING AT APARTMENT NO. 8 D.
HORIZON PARK, VELLAYAMBALAM KARA,
TIRUVANANATHAPURAM, PIN - 695010
4 FEDERAL BANK
PONKUNNAM REPRESENTED BY ITS BRANCH MANAGER,
FEDERAL BANK PONKUNNAM KARA, KANJIRAPPILLY
VILLAGE, PIN - 686507
O.P.(C)No.1524/2022
-:2:-
5 PONKUNNAM SERVICE CO-OPERATIVE BANK
PONKUNNAM REPRESENTED BY ITS SECRETARY,
PONKUNNAM KARA, KANJIRAPPILLY VILLAGE, PIN -
686506
6 MUTHOOT FINANCE LTD
PANKUNNAM BRANCH, REPRESENTED BY ITS BRANCH
MANAGER,
OPPOSITE POLICE STATION, PONKUNNAM KARA,
KANJIRAPPILLY VILLAGE, PIN - 686506
7 CATHOLIC SYRIAN BANK
PONKUNNAM BRANCH, REPRESENTED BY ITS BRANCH
MANAGER, PONKUNNAM KARA, KANJIRAPPILLY VILLAGE,
PIN - 686506
8 HDFC BANK
KANJIRAPPALLY BRANC REPRESENTED BY ITS BRANCH
MANAGER. KANJIRAPPALLY KARA, KANJIRAPPILY
VILLAGE, PIN - 686506
9 NATIONAL BANKERS
PONKUNNAM, REPRESENTED BY ITS MANAGER, PONKUNNAM
KARA, KANJIRAPPILLY VILLAGE, PIN - 686506
BY ADV C.B.BHAGYALEKSHMY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.1524/2022
-:3:-
Dated this the 25th day of August,2022
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff, Kanjirappally, to consider and dispose of
O.S.No.54/2019 (Ext.P1) within a time frame.
2. Pursuant to the order passed by this Court on
16.08.2022, the learned Munsiff, Kanjirappally, by
communication dated 19.08.2022, has informed this
Court that the suits stands listed in the special list on
04.11.2022. The court below would make every
endeavour to dispose of the suit within suit months.
3. Heard; Sri. C.R. Sivakumar, the learned
counsel appearing for the petitioner and Smt.
C.B.Bhagyalekshmy, the learned counsel appearing for
the respondents.
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 O.P.(C)No.1524/2022
of this Court under Article 227 of the Constitution of
India, I direct the Court of the Munsiff, Kanjirappally,
to consider and dispose of O.S.No.54/2019, as
expeditiously as possible and in accordance with law,
at any rate, within a period of four months from the
date of receipt of a certified copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/25.08.22 //True copy/
P.A.To Judge
O.P.(C)No.1524/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE OS NO. 54/2019
BEFORE THE HON'BLE MUNSIFF COURT KANJIRAPPALLY
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT
EXHIBIT P3 THE TRUE COPY OF THE E-COURT PROCEEDINGS OF OS NO 54/2019
RESPONDENTS' EXHIBITS: NIL
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