Ravi Varma Thamban vs Asgar
2022 Latest Caselaw 6304 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                   OP(C) NO. 2457 OF 2021
          IN OS 186/2021 OF MUNSIFF COURT, CHITTUR
PETITIONER/PLAINTIFF:

         RAVI VARMA THAMBAN,
         AGED 86 YEARS,
         S/O LATE DHATHRI VALIYARANI,
         VENGANADU KOVILAKAM, NOW RESIDING AT B4,
         SI BUILDING, KANNUR ROAD, KOZHIKODE,
         PIN-673001.

         BY ADV K.P.SUDHEER

RESPONDENTS/DEFENDANTS:

    1    ASGAR,
         S/O.MOHAMMED HANEEFA,
         FARM HOUSE, 3/677,
         KOTTAMAMKARA, PARUSSUVAYKKAL VILLAGE,
         NEYYATTINKARA TALUK,
         THIRUVANANTHAPURAM,
         PIN-695121.

    2    SALEEM.T.H,
         AGED 55 YEARS
         S/O.HYDROSE, THEMBADATH HOUSE,
         ALUVA.P.O, TASS ROAD,
         ALUVA KARA, ALUVA WEST VILLAGE,
         ALUVA TALUK,
         ERNAKULAM DISTRICT,PIN-683101.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.2457/2021

                                       -:2:-




                      Dated this the 3rd day of June,2022

                            JUDGMENT

The original petition is filed, inter alia, to direct

the Court of the Munsiff, Chittur, to consider and

dispose of I.A.No.997/2021 in O.S.No.186/2021(Ext.P5)

within a time frame.

2. Pursuant to the orders passed by this Court

on 17.12.2021, the learned Munsiff by communication

dated 01.06.2022, has reported that the first

respondent has entered appearance through the

counsel and a commission report is filed. However, the

second respondent has not appeared till date. The

learned Munsiff is prepared to dispose of Ext.P5 within

a period of three months.

3. Heard; the learned counsel appearing for the

petitioner. In the light of the limited relief that I

propose to pass that is to direct the court below to

dispose of Ext.P5 within a time frame, I dispense with O.P.(C)No.2457/2021

notice to the respondents.

3. On a consideration of the pleadings and

materials on record, particularly taking note of the fact

that the petitioner is a 86 year old man, and the

communication of the learned Government Munsiff, in

exercise of the supervisory jurisdiction of this Court as

enshrined under Article 227 of the Constitution of

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

dispose of Ext.P5, in accordance with law, as

expeditiously as possible, at any rate, within a period

of three months from the date the process as against

the second respondent gets completed/declared/he

appears.

The original petition is ordered accordingly.

Sd/-

                                             C.S.DIAS,JUDGE

DST/03.06.22                                                 //True copy/

                                                            P.A.To Judge
 O.P.(C)No.2457/2021






                            APPENDIX



PETITIONER EXHIBITS
EXHIBIT P1         TRUE COPY OF PLAINT IN O.S.NO.186/2021

FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, CHITTUR, PALAKKAD.

EXHIBIT P2            TRUE   COPY   OF    FINAL  DECREE    DATED
                      21.2.2003    IN      FINAL   DECREE     IN
                      O.S.NO.1/1964    ON   THE  FILE   OF   THE
                      DISTRICT COURT, PALAKKAD.

EXHIBIT P3            TRUE COPY OF SURVEY PLAN IN RESPECT OF

THE PROPERT COMPRISED IN SY.NO.172/1 PART OF MUTHALAMADA VILLAGE.

EXHIBIT P4 CERTIFIED COPY OF REGISTERED SALE AGREEMENT NO.2325/2015 DATED 21.7.2015 IN RESPECT OF THE PLAINT SCHEDULE PROPERTY ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER SEEKING INTERIM MANDATORY INJUNCTION IN O.S.NO.186/2021 BEFORE THE MUNSIFF'S COURT, CHITTUR,PALAKKAD.

EXHIBIT P6 TRUE COPY OF THE CASE STATUS PUBLISHED IN THE WEBSITE OF THE COURT BELOW.

RESPONDENT'S EXHIBITS: NIL