Sunitha vs Jayaprasad
2022 Latest Caselaw 2209 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,
                                 1943
                    OP(C) NO. 1520 OF 2021
              OS 204/2019 OF SUB COURT, THRISSUR
PETITIONER/DEFENDANT :

         SUNITHA,
         AGED 50 YEARS
         D/O. GOVINDANKUTTY NAIR, VADUTHALA VEEDU,
         NELLUVAI P.O., NELLUVAI VILLAGE AND DESOM,
         KUNNAMKULAM TALUK, THRISSUR DISTRICT-680 584
         BY ADV K.A.AUGUSTINE


RESPONDENT/PLAINTIFF :

         JAYAPRASAD,
         AGED 43 YEARS
         S/O. VELAYUDHAN, KALARIKKAL VEETTIL, NELLUVAI
         P.O, NELLUVAI VILLAGE AND DESOM, KUNNAMKULAM
         TALUK, THRISSUR DISTRICT-680 584
         BY ADVS.
         E.ADITHYAN
         MEERA RAMESH
         BHAIRAVI S.N
         ASHWIN BALACHANDRAN
         THEJAN RAJ



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022,   THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.1520 of 2021
                                   ..2..




                          A.BADHARUDEEN, J.

        ------------------------------------------------------------
                         O.P.(C)No.1520 of 2021
         ------------------------------------------------------------
          Dated this the 24th day of February, 2022

                            JUDGMENT

The short prayer, that has been canvassed in this

original petition filed under Article 227 of the Constitution of

India, is to direct the Additional Sub Court-I, Thrissur to

dispose of O.S.No.204 of 2019 pending before that Court.

2. Heard the learned counsel for the petitioner

3. The learned counsel for the petitioner

pressed for the relief highlighting the necessity of urgent

disposal. Whereas, the learned counsel appearing for the

respondent opposed the prayer on the submission that

connected case filed in the year 2021 also is pending. But I

do not think that pendency of a suit of the year 2021 is a

reason to disallow prayer for early disposal of a suit of the

year 2019. The learned Sub Judge, as per letter dated O.P.(C)No.1520 of 2021 ..3..

06.10.2021, reported that this matter can be disposed of

within a period of eight months.

In the result, this original petition is allowed.

Therefore, there shall be a direction to the learned Sub Judge

to dispose of O.S.No.204 of 2019 pending before the

Additional Sub Judge-I, Thrissur at the earliest, at any rate,

within six months from the date of production or receipt of a

copy of this judgment.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.1520 of 2021 ..4..

APPENDIX OF OP(C) 1520/2021

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

204/2019 FILED BY THE RESPONDENT BEFORE THE SUB COURT, THRISSUR. Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT (PETITIONER HEREIN) IN O.S. NO. 204/2019 OF SUB COURT, THRISSUR.

Exhibit P3 TRUE COPY OF THE PROCEEDING SHEET IN O.S. NO. 204/2019 OF SUB COURT, THRISSUR.