Kerala High Court
V.N.Harold vs M.J.Joseph on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 28th day of January 2022 / 8th Magha, 1943
OP(C) NO. 876 OF 2021
OS 247/2018 OF PRINCIPAL MUNSIFF COURT, CHERTHALA, ALAPPUZHA
PETITIONER/PLAINTIFF
V.N.HAROLD, AGED 67 YEARS, S/O. NICHOLAS, VALLONTHAIEL HOUSE, VAYALAR
(P.O.), CHERTHALA, ALAPPUZHA DISTRICT, PIN-688536.
BY ADV ROY CHACKO
RESPONDENT/DEFENDANT
M.J.JOSEPH, S/O. V.J.JOHN, VATTAPARAMBIL HOUSE, CMC 23, CHERTHALA (P.O.),
ALAPPUZHA DISTRICT, PIN-688524.
This OPC having come up for orders on 28.01.2022; upon perusing the letter
dated 04.01.2022 of Principal Munsiff, Cherthala and this courts judgment dated
08.06.2021 , the court on the same day passed the following.
(p.t.o)
A.BADHARUDEEN, J.
.........................................................
O.P.(C).No.876/2021
..........................................................
Dated this the 28th day of January, 2022
ORDER
In this case as per the order dated 08/06/2021, this court
directed the Munsiff, Cherthala to dispose of O.S.No.247/2018
within three months from 15/06/2021 acting on the request of the
learned Munsiff that three months would require to dispose of the
suit. Later, the learned Munsiff sent a letter on 10/09/2021,
stating that she would require more time. In the said letter also
the learned Munsiff not shown the time required for disposal of
the case. However, as per the order dated 17/09/2021, this court
extended the period up to 31/12/2021. The learned Munsiff did
not dispose of the case either within the earlier time limit or by
the time extended thereafter. Now, as per the letter dated
04/01/2022, the learned Munsiff seeks further time. But, the
letter doesn't say how much time required for the learned Munsiff
to dispose of the suit.
2. Going by the proceedings as narrated in the letter dated
04/1/2022, it would appear that the learned Munsiff not given
much care to dispose of the case, directed to be disposed of by
this court and mechanically she sought for time even without
O.P.(C).No.876/2021
mentioning the time required for disposal further. The learned
Munsiff delegated her choice of volition in the matter to this
court. This approach and attitude cannot be encouraged.
Whenever a Subordinate Judicial Officer seeks extension of time,
the request/letter should explain the further period required to
dispose of the case. A Subordinate Judicial Officer is not expected
to delegate such power to this court.
3. The learned counsel for the petitioner submitted that,
Commission report yet to be filed and that is the reason for delay
in disposing the case.
4. After evaluating the history of the case as stated, I direct
the learned Munsiff to dispose of the matter within a period of
four months from 01/02/2022 and I hope that the learned Munsiff
shall not send a letter of this nature further in this case or
otherwise to avoid unnecessary remarks.
The Registry is directed to forward a copy of this order to all
Subordinate Judicial Officers in the State to comply the direction
in paragraph 2 of this order without fail, in future.
Sd/-
A.BADHARUDEEN,
JUDGE.
msp
28-01-2022 /True Copy/ Assistant Registrar
