Kerala High Court
Jayendran C.K vs Shaju P.G on 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. 1448 OF 2022
IN CMA 22/2022 OF ADDITIONAL SUB COURT, IRINJALAKUDA
PETITIONERS/APPELLANTS:
1 JAYENDRAN C.K.
AGED 57 YEARS
S/O.KUMARAN, CHANADICKAL HOUSE, AVITTATHUR DESOM,
KADUPPASSERY VILLAGE, KOTTANALLORE P.O.,
MUKUNDAPURANM TALUK, THRISSUR DISTRICT,
PIN - 680683
2 SHIJI
AGED 46 YEARS
W/O.JAYENDRAN, CHANADICKAL HOUSE, AVITTATHUR
DESOM, KADUPPASSERY VILLAGE, KOTTANALLORE P.O.,
MUKUNDAPURANM TALUK, THRISSUR DISTRICT,
PIN - 680683
BY ADV N.L.BITTO
RESPONDENTS/RESPONDENTS:
1 SHAJU P.G.
AGED 47 YEARS
S/O.GEORGE, PEREPADAN HOUSE, AVITTATHUR BLOCK
DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM TALUK,
THRISSUR DISTRICT, PIN - 680683
2 AJITH KUMAR
AGED 50 YEARS
S/O.UNNICHEKKAN, KADALIKKATTIL HOUSE, AVITTATHUR
DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM TALUK,
THRISSUR DISTRICT, PIN - 680683
3 MALLIKA PRAKASAN
AGED 67 YEARS
W/O.PRAKASAN, KADALIKKATTIL HOUSE, AVITTATHUR
DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM TALUK,
THRISSUR DISTRICT, PIN - 680683
4 BAIJU
AGED 47 YEARS
S/O.ARAVINDAN, KADALIKKATTIL HOUSE, AVITTATHUR
DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM TALUK,
O.P.(C)No.1448/2022
-:2:-
THRISSUR DISTRICT, PIN - 680683
5 SHRIYA SUNIL
AGED 40 YEARS
W/O.SUNIL, KADALIKKATTIL HOUSE, AVITTATHUR
DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM
TALUK, THRISSUR DISTRICT,PIN - 680683
6 ASHOK BENNY
AGED 67 YEARS
FATHERS NAME NOT KNOWN, OOLICKAL HOUSE,
AVITTATHUR BLOCK DESOM, KADUPPASSERY VILLAGE,
MUKUNDAPUARAM TALUK, THRISSUR DISTRICT,
PIN - 680680
7 ROSILY JOSE
AGED 50 YEARS
W/O. JOSE, CHAMAKKALA HOUSE, PULLUR DESOM,
PULLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN - 680683
8 VISWANATHAN
AGED 67 YEARS
S/O.VELAYUDHAN, CHEMBAKASSERY HOUSE, AVITTATHUR
BLOCK DESOM, KADUPPASSERY VILLAGE, MUKUNDAPUARAM
TALUK, THRISSUR DISTRICT, PIN - 680683
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.1448/2022
-:3:-
Dated this the 25th day of August,2022
JUDGMENT
The original petition is filed to direct the Court of
the Principal Subordinate Judge, Irinjalakuda, to
consider and dispose of CMA No.22/2022 within a time
frame.
2. Pursuant to the order passed by this Court on
16.08.2022, Principal Subordinate Judge, Irinjalakuda,
by communication dated 24.08.2022, has informed this
Court that CMA No.22/2022 stands posted for the
lower court records to 06.10.2022. The court below
would make every endeavour to dispose of the appeal
within six months.
3. Heard; Sri. N.L. Bitto, the learned counsel
appearing for the petitioners and Sri.T.N. Manoj, the
learned counsel appearing for the respondents.
O.P.(C)No.1448/2022
4. Sri. T.N. Manoj, submits that there is also a
connected appeal filed by the petitioners as CMA
No.24/2022, which is posted before the same court in
respect of the same dispute. Therefore, there may be
a direction to the court below to consider the said
appeal also along with CMA No.22/2022.
5. In the light of the pleadings and materials on
record and the submissions addressed at the Bar and,
after perusing the communication of the Principal
Subordinate Judge, in exercise of the supervisory
powers of this Court under Article 227 of the
Constitution of India, I direct the Court of the Principal
Subordinate Judge, Irinjalakuda, to consider and
dispose of CMA Nos.22 & 24/2022, as expeditiously as
possible and in accordance with law, at any rate, on or
before 23.12.2022.
O.P.(C)No.1448/2022
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.1448/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE PLAINT IN OS.172 OF
2022 OF THE ADDL.MUNSIFF COURT
IRINJALAKUDA DATED 16/2/2022
EXHIBIT-P2 A TRUE COPY OF IA.2 OF 2022 IN OS.172
OF 2022 OF THE ADDL.MUNSIFF COURT
IRINJALAKUDA DATED 16/2/2022
EXHIBIT-P3 A TRUE COPY DOC.NO.1505 OF 2010 OF
KALLETTUMKARA SRO DATED 25/5/2010
EXHIBIT-P4 A TRUE COPY OF THE BASIC TAX RECEIPT
NO.KL08034901147/2021 ISSUED FROM
KADUPPASSERY V.O. DATED 27/4/2021
EXHIBIT-P5 A TRUE COPY OF THE INJUNCTION
APPLICATION IA.5 OF 2022 IN OS.172 OF
2022 OF THE ADDL.MUNSIFF COURT
IRINJALAKUDA DATED 16/2/2022
EXHIBIT-P6 A TRUE COPY OF THE COMMON PASSED IN
IA.2 OF 2022 AND IA.5 OF 2022 IN OS.172
OF 2022 OF THE ADDL.MUNSIFF COURT
IRINJALAKUDA DATED 8/4/2022
EXHIBIT-P7 A TRUE COPY OF THE CMA.22 OF 2022 OF
THE ADDL. SUB COURT IRINJALAKUDA DATED
5/5/2022
RESPONDENTS' EXHIBITS: NIL
