Citation : 2022 Latest Caselaw 594 Ker
Judgement Date : 14 January, 2022
OP(C) No.2450/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 14th day of January 2022 / 24th Pousha, 1943
OP(C) NO. 2450 OF 2021
CMA 14/2021 OF SUB COURT, NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONERS/ RESPONDENTS/ DEFENDANTS:
1. K JAYARAMAN NAIR, AGED 50 YEARS, S/O.K.M.KRISHNAN NAIR, KRISHNA
BHAVAN, ARALUMMOODU P.O., ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
2. BIJU, AGED 50 YEARS, S/O.DAMODARAN NAIR, SANDHYA BHAVAN, MULLOOR
P.O., MUKKOLA, VIZHINJAM HARBOUR, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT
RESPONDENT/ APPELLANTS/ PLAINTIFFS:
1. BABY GIRIJA @ GIRIJA B NAIR, AGED 69 YEARS, W/O.SREEKANTAN NAIR,
RESIDING AT SREESADANAM, POOVANGAVILAKOM, THALAYAL DESOM,
ATHIYANNOOR VILLAGE, ARALUMMOODU P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN-695 123.
2. S.SREEKANTAN NAIR, AGED 71 YEARS, S/O.LATE SIVASANKARA PILLAI,
RESIDING AT SREESADANAM, POOVANGAVILAKOM, THALAYAL DESOM,
ATHIYANNOOR VILLAGE, ARALUMMOODU P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN-695 123
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to
direct the Sub Court, Neyyattinkara to pronounce the order on C.M.A No.
14/2021 in accordance with Exhibits P5, P6 and P7 proceedings of the same
court dated 01-12-2021, 03-12-2021 and 10-12-2021 respectively without any
further delay; pending diposal of the Original Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
Sri. RAJESH P.NAIR, Advocate for the petitioners, the court passed the
following:
[PTO]
OP(C) No.2450/2021 2/4
A.BADHARUDEEN, J.
----------------------------
OP(C) No.2450 of 2021
----------------------------
Dated this the 14th day of January, 2022
ORDER
The prayer in this original petition is the speedy disposal of
C.M.A.No.14/2021 in accordance with Ext.P5, Ext.P6 and Ext.P7
proceedings dated 01.12.2021, 03.12.2021 and 10.12.2021
respectively pending before the Sub Court, Neyyattinkara.
2. A report placed by the learned Sub Judge dated
22.12.2021 has been placed in the records. The same shows that
on 01.12.2021, the matter was heard and the appeal posted for
judgment on 03.12.2021. Thereafter, it was reopened on
10.12.2021 on the ground that the stenographer of the Presiding
Officer tested positive. Going through the letter, it appears that
the learned Sub Judge agreed to dispose of the appeal within 10
days after vacation (may be Christmas vacation). It is submitted
by the learned Counsel for the petitioner that no judgment
pronounced till this date. Hence, there shall be a direction to the
Sub Judge to pronounce judgment in CMA No.14/2021 on or
before 19.01.2022 and report compliance by 20.01.2022.
OP(C) No.2450/2021 3/4
OP(C) No.2450 of 2021
Post on 20.01.2022.
The Registry is directed to forward a copy of this order by
e-mail today itself.
Sd/-
A.BADHARUDEEN
JUDGE
AJ
14-01-2022 /True Copy/ Assistant Registrar
OP(C) No.2450/2021 4/4
APPENDIX OF OP(C) 2450/2021
Exhibit P5 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE SUB COURT,
NEYYATTINKARA DATED 1.12.2021
Exhibit P6 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE SUB COURT,
NEYYATTINKARA DATED 3.12.2021
Exhibit P7 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE SUB COURT,
NEYYATTINKARA DATED 10.12.2021
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