Jayakumar vs Sree Sankara Vidyalaya Samithi
2022 Latest Caselaw 5712 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                     OP(C) NO. 1967 OF 2021
     OS 479/2015 OF MUNSIFF COURT-III, NEYYATTINKARA
PETITIONERS:
    1    JAYAKUMAR,
         AGED 58 YEARS,
         S/O KARUNAKARA PANICKER,
         KAMALALAYA, CHOONDIKKAL,
         VELLARADA DESOM, VELLARADA VILLAGE,
         NEYYATTINKARA TALUK, TRIVANDRUM-695505.
    2      VIJAYAKUMAR,
           AGED 56 YEARS,
           S/O KARUNAKARA PANICKER,
           KAMALALAYA, CHOONDIKKAL,
           VELLARADA DESOM, VELLARADA VILLAGE,
           NEYYATTINKARA TALUK, TRIVANDRUM-695505.
           BY ADV M.R.SARIN PANICKER

RESPONDENTS:
    1    SREE SANKARA VIDYALAYA SAMITHI,
         SREE SANKARA SCHOOL, CHOONDIKKAL,
         VELLARADA P.O., NEYYATTINKARA,
         REPRESENTED BY ITS SECRETARY,
         BALACHANDRAN NAIR, AGED 59 YEARS,
         S/O EASWARAPILLAI,
         RESIDING AT PILLA VEEDU,
         VELLARADA DESOM, VELLARADA VILLAGE,
         NEYYATTINKARA TALUK, TRIVANDRUM-695505.
    2      BALACHANDRAN NAIR,
           AGED 53 YEARS,
           S/O EASWARAPILLAI,
           VELLARADA VILLAGE,
           NEYYATTINKARA TALUK,
           TRIVANDRUM-695505
           BY ADV SRI.ARUN V.G.

        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.1967 of 2021
                                         ..2..




                             A.BADHARUDEEN, J.

     ------------------------------------------------------------
                           O.P.(C)No.1967 of 2021
     ------------------------------------------------------------
                Dated this the 27th day of May, 2022


                               JUDGMENT

In this original petition filed under Article 227 of

the Constitution of India, the petitioners, who are the

defendants in O.S.No.479 of 2015 pending before the

Munsiff Court-III, Neyyattinkara, seek early disposal of the

same.

2. Heard the learned counsel for the petitioners

as well as Adv.Sri.Arun V.G. appearing for the

respondents/plaintiffs.

3. It is submitted by the learned counsel for the

respondents that a suit of the year 2015 coming under the

five plus year old category, requires urgent disposal to

safeguard the interest of the petitioner and therefore, early O.P.(C)No.1967 of 2021 ..3..

disposal, as sought for, is liable to be allowed.

4. Though early disposal is not seriously

opposed by the learned counsel appearing for the

respondents, he would submit that he proposes to file an

amendment application.

5. The learned Munsiff, as per letter dated

06.12.2021, expressed the willingness to dispose of this five

plus year old matter within a period of eight months.

Therefore, I direct the Additional Munsiff Court-

III, Neyyattinkara to try and dispose of O.S.No.479 of 2015

at the earliest, at any rate, within a period of six months

from the date of production or receipt of a copy of this

judgment.

The right of the parties to move as per law shall

not be affected, though there is direction for early disposal.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.1967 of 2021 ..4..

APPENDIX OF OP(C) 1967/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE OS NO.479/2015 BEFORE THE HON'BLE MUNSIFF COURT-111, NEYYATTINKARA.

Exhibit P2 THE TRUE COPY OF WRITTEN STATEMENT IN OS NO.479/2015 BEFORE THE HON'BLE MUNSIFF COURT 111, NEYYATTINKARA.