Ramkumar vs Manjayya Gounder
2022 Latest Caselaw 12177 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        OP(C) NO. 2466 OF 2022
        IN OS 264/2013 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
PETITIONER/PLAINTIFF:

           RAMKUMAR
           AGED 74 YEARS
           S/O LATE BALAKRISHNA MENON,
           HOUSE NO.224, CHANDRANAGAR COLONY,
           KALLEPULLY AMSOM, PALAKKAD., PIN - 678005

           BY ADVS.     SABU GEORGE
                        P.B.KRISHNAN
                        P.B.SUBRAMANYAN
                        MANU VYASAN PETER


RESPONDENTS/ DEFENDANTS:

    1      MANJAYYA GOUNDER,
           AGED 83 YEARS,
           S/O THIMMATTA GOUNDER,
           PATHAYAM COMPOUND, CHULLIMADA,
           PUDUSSERY CENTRAL VILLAGE, KANJIKODE P.O.,
           PALAKKAD., PIN - 678621

    2      MURUKAN,
           AGED 54 YEARS,
           S/O MANJAYYA GOUNDER,
           PATHAYAM COMPOUND, CHULLIMADA,
           PUDUSSERY CENTRAL VILLAGE, KANJIKODE P.O.,
           PALAKKAD, PIN - 678621

    3      DANALAKSHMI,
           AGED 91 YEARS,
           W/O RAMU GOUNDER, HOUSE NO.27/564,
           VADAKKANTHARA ROAD, VADAKKANTHARA AMSOM,
           PALAKKAD., PIN - 678012

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.2466/2022

                                   -:2:-




                 Dated this the 22nd day of December,2022

                          JUDGMENT

The original petition is filed to direct the Court of

the Principal Munsiff, Palakkad, to consider and dispose

of O.S.No.264/2013 (Ext P1) within a time frame.

2. Pursuant to the order dated 14.12.2022 passed

by this Court, the learned Principal Munsiff, Palakkad, by

communication dated 16.12.2022, has informed this

Court that the suit is filed for a permanent prohibitory

injunction. The plaint was amended. Now, the suit

stands posted for the filing of the additional written

statement. An appeal was filed challenging the order in

I.A.No.1929/2019. The court below would make an

endeavour to consider and dispose of the suit within five

months.

3. Heard; Sri. P.B.Krishnan, the learned counsel

appearing for the petitioner. Even though notice of the

original petition has been served on the learned counsel O.P.(C)No.2466/2022

appearing for the respondents before the court below,

there is no appearance for them.

In the light of the pleadings and materials on record

and after perusing the communication of the learned

Principal Munsiff, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Principal Munsiff,

Palakkad, to consider and dispose of O.S.No.264/2013,

as expeditiously as possible and in accordance with law,

at any rate, within a period of five 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/22.12.22                                           //True copy/

                                                       P.A.To Judge
 O.P.(C)No.2466/2022






                             APPENDIX
PETITIONER EXHIBITS
EXHIBIT-P1          A TRUE COPY OF THE PLAINT IN O.S NO.264 OF

2013 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, PALAKKAD, DATED 07-06-2013

EXHIBIT-P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS.1 AND 2 IN O.S NO.264 OF 2013 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, PALAKKAD, DATED 29-01-2014

EXHIBIT-P3 A TRUE COPY OF THE ORDER DATED 24-05-2022 IN I.A NO.1929 OF 2019 IN O.S NO.264 OF 2013 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, PALAKKAD

RESPONDENTS EXHIBITS: NIL