Vijayamma Amma vs Smt. Soosamma Rajan
2022 Latest Caselaw 11666 Ker

OP(C) NO. 2438 OF 2022               1

                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. 2438 OF 2022
            OS 882/2019 OF THE MUNSIFF'S COURT, KOLLAM
PETITIONER/S:

          VIJAYAMMA AMMA
          AGED 86 YEARS,W/O. LATE GOPALAKRISHNA PILLAI
          RESIDING AT GEETHA BHAVAN, KOTTAMKARA CHERRY,
          KOTTAMKKARA VILLAGE, KOLLAM 691504, PIN - 691504
          BY ADVS.
          M.U.VIJAYALAKSHMI
          K.JAJU BABU (SR.)
          BRIJESH MOHAN


RESPONDENT/S:

    1     SOOSAMMA RAJAN
          W/O. RAJAN, RESIDING AT MUTTATHU VEEDU,
          MAMPALLIKUNNATHU CHERRY
          CHATHANNOOR PO, MEENADU VILLAGE,
          KOLLAM- 691572, PIN - 691572
    2     NISHANA
          W/O ANZAR, RESIDING AT AJMAL MANZIL
          KOTTAMKARA CHERRY, CHANDANATHOPPU PO
          KOTTAMKARA VILLAGE, KOLLAM- 691 014, PIN - 691014
    3     ANZAR.S
          RESIDING AT AJMAL MANZIL
          KOTTAMKARA CHERRY, CHANDANATHOPPU PO
          KOTTAMKARA VILLAGE, KOLLAM-691014., PIN - 691014
    4     PONNACHAN
          S/O DANIEL, SAINT MARY'S HOUSE
          ULIYAKKOVIL CHERRY, ULIYAKKOVIL PO
          KOLLAM EAST VILLAGE, KOLLAM- 691 019, PIN - 691019
    5     LEELAMMA
          W/O PONNACHAN, SAINT MARY'S HOUSE
          ULIYAKKOVIL CHERRY, ULIYAKKOVIL PO
          KOLLAM EAST VILLAGE, KOLLAM- 691 019, PIN - 691019
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2438 OF 2022                2



                            JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Kollam, to consider and dispose of

O.S.No.882/2019 within a time frame.

2. Pursuant to the order dated 9.12.2022 passed by

this Court, the learned Munsiff, by communication dated

13.12.2022, has informed this Court that the suit is filed

for a decree for fixation of boundary and permanent

prohibitory injunction. The suit stands posted for payment

of the balance court fee and pre-trial steps to 27.01.2023.

The court below will make an endeavour to dispose of the

suit within twelve months.

3. Heard; Sri.K.Jaju Babu, the learned Senior

Counsel appearing for the petitioner. Even though notice

has been served on the learned counsel appearing for the

respondents before the court below and a memo was filed

to the effect, there is no appearance for them.

In the light of the pleadings and materials on record

and after perusing the communication of the learned

Munsiff, and also taking note of the fact that the petitioner

is an 86 year old lady, I am inclined to exercise the power

of superintendence of this Court under Article 227 of the

Constitution of India by directing the Court of the Munsiff,

Kollam, to consider and dispose of O.S.No.882/2019, in

accordance with law, as expeditiously as possible and at

any rate, within a period of three months after the

completion of pre-trial steps.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/20.12.22

APPENDIX OF OP(C) 2438/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT OS.NO.882/2019 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT KOLLAM Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 4 AND 5 IN OS.NO.882/2019 BEFORE THE MUNSIFF COURT KOLLAM ON 14.02.2022