Ponnamma vs Ushakumary
2022 Latest Caselaw 11655 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                        OP(C) NO. 2157 OF 2022
           OS 351/2020 OF MUNSIFF COURT ,PATHANAMTHITTA
PETITIONER/PLAINTIFF:

          PONNAMMA
          AGED 92 YEARS
          W/O P. N. GOPALAPILLAI, PUTHENPARAMBIL
          PUTHENVEETIL, EDAYARANAMULA, ERRUMAKKADU P.O.,
          ARANMULA VILLAGE,
          KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT ,
          PIN - 689532

          BY ADV K.SHAJ



RESPONDENT/DEFENDANT:

          USHAKUMARY
          AGED 64 YEARS
          W/O LATE RAMACHANDRAN NAIR, MURIPEL HOUSE,
          KATOOR MURI, CHERUKOL VILLAGE, RANNI TALUK, NOW
          RESIDING AT DHANESH BHAVAN,
          KODUMON MURI, ANGADICKAL VILLAGE, ANGADICKAL P.O.,
          ADOOR TALUK,
          PATHANAMTHITTA DISTRICT , PIN - 689648

          BY ADV VENUGOPAL R




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2157 OF 2022            2




           Dated this the 20th day of December, 2022

                           JUDGMENT

The original petition is filed to direct the Court of

Munsiff, Pathanamthitta, to consider and dispose of O.S.

No.351/2020 within a time frame.

2. Pursuant to the order dated 08.11.2022 passed by

this Court, the learned Munsiff, by communication dated

11.11.2022, has informed this Court that the suit is filed

for declaration, injunction and other consequential

reliefs. The defendant entered appearance on 25.10.2022.

The suit stands posted for the written statement of the

defendant to 05.01.2023. The court below would require

at least eight months time to dispose of the suit.

3. Heard; Sri.K. Shaj, the learned counsel appearing

for the petitioner and Sri. R.Venugopal, the learned

counsel appearing for the respondent.

4. Sri. R. Venugopal submitted that the respondent

has not received summons in the suit. In fact, the

summons was sent to the counsel for the respondent

before the court below. Therefore, the report of the

learned Munsiff stating that the respondent entered

appearance in the suit is incorrect.

5. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff, and after considering the rival

submissions made across the bar, I am of the firm view

that a quietus can be given to the dispute by directing the

respondent to enter appearance before the court below

on 05.01.2023 and the court below grants the respondent

sufficient time to file her written statement and,

thereafter, proceed to decide the suit within a time frame.

In the result, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Munsiff, Pathanamthitta to

permit the respondent to enter appearance through

counsel in O.S. No.351/2020 on 05.01.2023 and grant her

sufficient time to file her written statement, and then

dispose of the suit, in accordance with law, within three

months after the completion of the pre-trial steps.

The original petition is ordered accordingly.

SD/-

C.S.DIAS, JUDGE

rmm20/12/2022

APPENDIX OF OP(C) 2157/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S. NO.

351/2020 ON THE FILE OF THE MUNSIFF'S COURT, PATHANAMTHITTA

Exhibit P2 THE TRUE COPY OF I.A. NO. 1/2020 IN O.S.

NO. 351 /2020 OF THE MU NSIFFLS COURT, PATHANAMTHITTA