Kerala High Court
Asmabi vs Kunjimuhammed on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
OP(C) NO. 2152 OF 2022
IN OS NO.121/2022 OF MUNSIFF COURT, MANJERI
PETITIONERS/DEFENDANTS:
1 ASMABI,
AGED 57 YEARS,
W/O. ABDUL AZEEZ,
THACHARUPADIKKAL THAZHATH HOUSE,
OORAKAM, KIZHMURI POST,
OORAKAM KIZHMURI AMSOM DESOM,
THIRURANGADI TALUK,
MALAPPURAM DISTRICT,
PIN - 676519
2 SUHARA BEEGUM,
AGED 55 YEARS,
W/O KUNJUMUHAMMED & D/O HYDRU
VALIAPEEDIKAKKAL HOUSE,
POROOR POST, KARUVATTAKUNN AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN - 679339
3 JASEELA
AGED 40 YEARS,
EDAPETTA HOUSE, POONGODE POST,
POONGOD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN - 679327
BY ADV P.K.MOHAMED JAMEEL
RESPONDENT/PLAINTIFF:
KUNJIMUHAMMED
S/O. ALUNGAL MUHAMMED,
ALUNGAL HOUSE, MANJERI AMSOM DESOM,
VAKKETHODI DESOM, MANJERI POST,
ERANAAD TALUK, MALAPPURAM DISTRICT,
PIN - 676121
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.2152/2022
-:2:-
Dated this the 3rd day of November,2022
JUDGMENT
The petitioners desire to get O.S.No.121/2022
(Ext.P1) of the Court of Munsiff, Manjeri, to be
disposed of out of turn.
2. The petitioners have averred in the original
petition that they are the defendants in the above suit
which is filed by the respondent for a decree for
recovery of money. The petitioners have filed their
written statement in the suit. As they are ladies, who
are aged above 50 years, severe hardship is being
caused to them due to the pendency of the suit.
Hence, they seek for an out of turn disposal of the
suit.
3. Heard; Sri. P.K.Mohamed Jameel, the learned
counsel appearing for the petitioners.
4. The Code of Civil Procedure, 1908, provides
the procedure to be followed by civil courts, right from
O.P.(C)No.2152/2022
the date of institution of a suit till its disposal.
5. The supervisory jurisdiction of this Court
under Article 227 of the Constitution of India is to be
exercised sparingly and in cases of exceptional rarity.
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.
6. Admittedly, the Ext.P1 plaint was instituted on
30.03.2022. The petitioners have filed their written
statement only on 15.07.2022. The suit is only at a
nascent stage. Therefore, I am of the definite view that
the petitioners cannot get an out of turn preference to
O.P.(C)No.2152/2022
get the suit disposed of expeditiously. 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, 1908, to decide the suit in accordance
with law, and as per its seniority.
I do not find any ground or circumstance to
exercise the extra ordinary supervisory powers of this
Court as enshrined under Article 227 of the
Constitution of India, to direct the court below to give
the petitioners an out of turn preference and decide
the suit in precedence to the older pending cases. The
original petition is dismissed at the threshold.
Sd/-
C.S.DIAS,JUDGE
DST/03.11.22 //True copy/
P.A.To Judge
O.P.(C)No.2152/2022
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S NO.
121/2022 OF MUNSIFF COURT, MANJERI
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN
O.S NO. 121/2022 OF MUNSIFF COURT, MANJERI
EXHIBIT P3 THE TRUE COPY OF THE MEDICAL REPORT OF 2ND
PETITIONER DATED 27.08.2021 ISSUED BY MVR
CANCER CENTRE & RESEARCH INSTITUTE
RESPONDENT'S EXHIBITS: NIL
