Charles Varghese vs Mrs. Joyee Nelson
2022 Latest Caselaw 8872 Ker

OP(C) NO. 1204 OF 2022
                                    1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      OP(C) NO. 1204 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OS 12/2022 OF ADDITIONAL
                        MUNSIFF COURT,KOCHI
PETITIONER/S:

            CHARLES VARGHESE,AGED 68 YEARS, S/O. P.VARGHESE,
            15/1376A,DEVASSAMPARAMBIL, MARKET ROAD,
            NASARETH, KOCHI , PIN - 682002

            BY ADVS.
            K.R.VINOD
            M.S.LETHA
            K.S.SREEREKHA
            NABIL KHADER



RESPONDENT/S:

    1       MRS. JOYEE NELSON, THE TRUSTEE OF COCHIN SOCIAL
            AND EDUCATIONAL CHARITABLE TRUST,
            REGD.NO.647/05/IV,C.C.14/1042F, NASARETH,KOCHI
            PIN - 682002

    2       M/S. EXODUS PUBLIC SCHOOL, MARKET ROAD, NASARETH,
            KOCHI 682 002, REP. BY ITS MANAGER MRS. JOYEE
            NELSON.

    3       COCHIN SOCIAL AND EDUCATIONAL CHARITABLE TRUST
            MARKET ROAD, NASARETH,KOCHI, REPRESENTED BY ITS
            TRUSTEE, MRS. JOYEE NELSON., PIN - 682002


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
07.07.2022,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1204 OF 2022
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                         JUDGMENT

The petitioner desires to get O.S.No.12/2022 on the

file of the Court of the First Additional Munsiff, Kochi,

to be disposed of out of turn.

2. The petitioner has averred in the original

petition that he has filed Ext.P1 plaint on 10.01.2022,

against the respondents, seeking a decree of mandatory

injunction. The Court below was pleased to pass an ad-

interim order of injunction. Even though the defendants

have entered appearance in the suit, they have not filed

their written statement even after the lapse of six

months. The petitioner is a senior citizen, his wife is

ailing with cancer and his two children are employed

abroad. Hence, the petitioner seeks an expeditious

disposal of the suit.

3. The Code of Civil Procedure, 1908, provides the

procedure to be followed by civil courts, right from the OP(C) NO. 1204 OF 2022

date of institution of a suit till its disposal.

4. The supervisory jurisdiction of this Court under

Article 227 of the Constitution of India is to be

exercised sparingly and in appropriate cases. The

power under this Article casts a duty on this Court to

keep subordinate Courts and Tribunals within their

bounds of authority and see that they discharge their

functions as per the mandate prescribed under law. But,

that does not mean that this Court is to intermeddle

with the proceedings before the subordinate courts on

the mere asking of a party, at their whims and caprice.

5. Admittedly, Ext.P1 was instituted on 10.01.2022.

The Court below has posted the suit for the written

statement of the defendants. Thus, the suit is only at a

nascent stage. Nonetheless, I do not assume for a

moment that the Court below will not follow the time

lines laid down under the Code of Civil Procedure to OP(C) NO. 1204 OF 2022

decide the suit in accordance with law and as per the

seniority of the suit. I do not find any ground or

circumstance to exercise the extra ordinary powers of

this Court as enshrined under Article 227 of the

Constitution of India, to direct the Court below to give

the petitioner an out of turn preference and decide the

suit in precedence to the older pending cases. The

original petition is an unwarranted litigation and is

meritless. Hence, the original petition is dismissed at

the threshold.

Sd/-

C.S.DIAS, JUDGE

rkc/07.07.22 OP(C) NO. 1204 OF 2022

APPENDIX OF OP(C) 1204/2022

PETITIONER'S EXHIBITS

Exhibit1 THE COPY OF THE PLAINT IN O.S. NO:12 / 2022 IN THE FILES OF THE HON'BLE IST ADDITIONAL MUNSIFF COURT ,KOCHI