Shibu vs Reethamma
2022 Latest Caselaw 6153 Ker

OP(C) NO. 695 OF 2022
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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      OP(C) NO. 695 OF 2022
           OS 348/2018 OF MUNSIFF COURT, CHERTHALA
PETITIONER/S:

         SHIBU S/O. BHASKARA KAIMAL,AGED 49 YEARS
         KALATHILPARAMBIL HOUSE, PANAVALLYMURI, PANAVALLY
         VILLAGE, POOCHACKAL.P.O., CHERTHALA TALUK,
         ALAPPUZHA, PIN - 688526

         BY ADVS.
         P.M.SHAHIDA
         V.HARI



RESPONDENT/S:

    1    REETHAMMA, W/O. AUGUSTIN JOSEPH, AGED 67 YEARS
         PANICKASSERRIL HOUSE, PANAVALLYMURI, PANAVALLY
         VILLAGE,WARD XII, POOCHACKAL P.O, CHERTHALA TALUK,
         ALAPPUZHA DISTRICT, PIN - 688526

    2    JOHN AUGUSTINE, AGED 39 YEARS, S/O. AUGUSTIN
         JOSEPH,PANICKASSERRIL HOUSE, PANAVALLYMURI,
         PANAVALLY VILLAGE,WARD XII, POOCHACKAL P.O,
         CHERTHALA TALUK,ALAPPUZHA DISTRICT, PIN - 688526

    3    BALACHANDRA KAIMAL, AGED ABOUT 69 YEARS,
         KALATHILPARAMBIL HOUSE, PANAVALLY MURI, PANAVALLY
         VILLAGE, PANAVALLY PANCHAYATH,POOCHAKKAL P.O.,
         CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688526

    4    MADHU, AGED ABOUT 46 YEARS
         S/O. KARUNAKARA KAIMAL, KALATHILPARAMBIL HOUSE,
         PANAVALLYMURI, PANAVALLY VILLAGE, PANAVALLY
         PANCHAYATH, POOCHAKKAL P.O., CHERTHALA TALUK ,
         ALAPPUZHA DISTRICT, PIN - 688526
 OP(C) NO. 695 OF 2022
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             BY ADVS.
             ALEXANDER JOSEPH
             AKHILASREE BHASKARAN(K/001344/2016)
             ANTONY NIKHIL REMELO(K/001065/2022)




     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
01.06.2022,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 695 OF 2022
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                         JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Cherthala to dispose of O.S.No.348/2018 within a

time frame.

2. Pursuant to the order dated 06.04.2022 passed by

this Court, the learned Munsiff has by communication

dated 17.05.2022 informed this Court that she is

prepared to dispose of the suit within six months from

completion of the pre-trial steps.

3. Heard; the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondents 1 and 2. Even though notice has been served

on the respondents 3 and 4, there is no appearance for

them.

4. In the light of the pleadings and materials on

record and the above mentioned communication of the

learned Munsiff and in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of OP(C) NO. 695 OF 2022

India, I direct the Court of the Munsiff, Cherthala to

dispose of O.S.No.348/2018, as expeditiously as possible

and in accordance with law, after affording all the parties

an opportunity of being heard, within a period of six

months from the date of receipt of a certified copy of this

judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/01.06.22 OP(C) NO. 695 OF 2022

APPENDIX OF OP(C) 695/2022

PETITIONER'S EXHIBITS

ExhibitP1 TRUE COPY OF THE PLAINT DATED 16.07.2018 IN O.S.NO.348 OF 2018 ON THE FILES OF THE MUNSIFF COURT, CHERTHALA

Exhibit P2 TRUE COPY OF THE ORDER DATED 17.07.2018 IN I.A. NO. 1779/ 2018 IN O.S. 348/2018 ON THE FILE OF THE MUNSIFF'S COURT, CHERTHALA

Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 12.08.2019 IN O.S.NO.348 OF 2018 ON THE FILE OF THE MUNSIFF COURT, CHERTHALA

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 15.3.2022 ISSUED FROM THE MEDICAL PRACTITIONER OF DEPARTMENT OF REPRODUCTIVE MEDICINE, SAT HOSPITAL, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM

ExhibitP4(a) TRUE COPY OF THE OP TICKET DATED 14.02.2022 OF MEDICAL COLLEGE, THIRUVANANTHAPURAM

Exhibit P5 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN OS 348/2018