Arun.J.B vs S.Krishnaveni
2022 Latest Caselaw 3420 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                    OP(C) NO. 481 OF 2022
 EXT.P4 IA NO.2/2022 IN OS NO.16/2022 ON THE FILE OF SUB
                     COURT, NEYYATTINKARA
 AGAINST THE NON-DISPOSAL OF THE APPLICATION UNDER ORDER
XXXVIII RULE 5 OF THE CODE OF CIVIL PROCEDURE SEEKING THE
 URGENT RELIEF OF ATTACHMENT AND POSTING THE MATTER TO A
                            FAR DATE
PETITIONER/PLAINTIFF:

         ARUN.J.B
         AGED 38 YEARS
         S/O. JAGANNATHAN,
         RESIDING AT T.C.5/2407,
         KRISHNA NIVAS, TOLL JUNCTION,
         KOWDIAR, THIRUVANANTHAPURAM 695 003.
         BY ADVS.
         V.G.ARUN (K/795/2004)
         V.JAYA RAGI
         R.HARIKRISHNAN (KAMBISSERIL)
         NEERAJ NARAYAN


RESPONDENT/RESPONDENT:

         S.KRISHNAVENI,
         AGED 62 YEARS
         W/O. LATE M. SREEKUMAR,
         RESIDING AT SAROJINI NIVAS,
         NEDIYAMCODE, DHANUVACHAPURAM,
         NOW RESIDING AT T.C. 20/2003, SASTHA NAGAR
         KARAMANA P.O., THIRUVANANTHAPURAM 695 002.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.481 of 2022
                                     ..2..




                         O.P.(C)No.481 of 2022
             ---------------------------------------------------


                            JUDGMENT

In this case filed under Article 227 of the

Constitution of India, the plaintiff in O.S No.16 of 2022

pending before the Sub Court, Neyyattinkara seeks early

disposal of I.A.No.2 of 2022 in the above suit.

2. Notice issued to the respondent by special

messenger. Special messenger reported that respondent

refused to accept notice. Therefore, refusal is declared as

sufficient notice to the respondent.

3. Apart from that, as per report dated

14.03.2022, the learned Sub Judge, Neyyattinkara

expressed willingness to dispose of the matter before O.P.(C)No.481 of 2022 ..3..

close of mid summer vacation on 08.04.2022.

4. Having appraised the facts of the case

along with the report of the learned Sub Judge, I am

convinced.

5. Therefore, there shall be a direction to the

learned Sub Judge, Neyyattinkara to consider I.A.No.2 of

2022 in O.S.No.16 of 2022 pending before the Sub Court,

Neyyattinkara at the earliest, at any rate, before close of

mid summer vacation on 08.04.2022.

This original petition stands disposed of.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.481 of 2022 ..4..

APPENDIX OF OP(C) 481/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C) NO. 25741/2017 DATED 07.08.2017. Exhibit P2 A TRUE COPY OF THE STATEMENT OF ACCOUNTS OF ACCOUNT NO. 13170100020631 WITH FEDERAL BANK, NANTHENCODE BRANCH. Exhibit P3 A TRUE COPY OF THE PLAINT IN OS NO.

16/2022 ON THE FILES OF THE SUB COURT, NEYYATTINKARA.

Exhibit P4 A TRUE COPY OF THE IA NO. 2/2022 IN OS NO. 16/2022 ON THE FILES OF THE SUB COURT NEYYATTINKARA.