Kerala High Court
Thankamani vs Henna on 21 October, 2022
OP(C) NO. 2026 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
OP(C) NO. 2026 OF 2022
OS 171/2021 OF MUNSIFF MAGISTRATE COURT,PONNANI
PETITIONER:
THANKAMANI
AGED 64 YEARS
W/O ERAATTU VALAPPIL VELAYUDHAN,
RESIDING AT ERAATTU VALAPPIL HOUSE,
PONNANI.P.O, MALAPPURAM DISTRICT
PIN - 679577
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
M.K.SUMOD
E.MOHAMMED SHAFI
RESPONDENTS:
1 HENNA
AGED 34 YEARS
W/O SUMESH (LATE), AGED 34 YEARS,
RESIDING AT AANTHUPARAMBIL HOUSE,
PERINGOTTUKARA. P.O,THRISSUR
PIN - 680565
2 NEEHAR (MINOR)
AGED 10 YEARS
S/O SUMESH (LATE) ,
RESIDING AT AANTHUPARAMBIL HOUSE,
PERINGOTTUKARA.P.O,THRISSUR
(REPRESENTED BY MOTHER HENNA - RESPONDENT NO: 1 )
PIN - 680565
3 EVAN (MINOR)
AGED 6 YEARS
OP(C) NO. 2026 OF 2022
2
S/O SUMESH (LATE) ,
RESIDING AT AANTHUPARAMBIL HOUSE,
PERINGOTTUKARA.P.O,THRISSUR
(REPRESENTED BY MOTHER HENNA - RESPONDENT NO: 1 )
PIN - 680565
4 THE MANAGER
LIFE INSURANCE CORPORATION OF INDIA,KUNNAMKULAM
BRANCH, KUNNAMKULAM.P.O
THRISSUR
PIN - 680503
5 THE MANAGER (CRM)
LIFE INSURANCE CORPORATION OF INDIA,
DIVISIONAL OFFICE, THIRUVAMBADI , THRISSUR
PIN - 680022
BY ADV S.EASWARAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2026 OF 2022
3
JUDGMENT
The petitioner desires to get O.S.No.171/2021 on
the file of the Court of the Munsiff, Ponnai, to be
disposed of out of turn.
2. The petitioner has averred in the original
petition that she is the plaintiff in the above suit filed
against the respondents. She is a senior citizen and
suffering from various ailments and is undergoing
treatment. The respondents have not filed their written
statement. Even though the petitioner filed an
application to advance the hearing of the suit, notice
was ordered to the respondents. The petitioner has
special reasons to get the suit disposed of on priority
basis. Hence, the original petition.
3. Heard; Sri. Avinash, the learned counsel
appearing for the petitioner.
4. The Code of Civil Procedure, 1908, provides the
procedure to be followed by civil courts, right from the
OP(C) NO. 2026 OF 2022
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 appropriate cases. 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 the 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.
6. Admittedly, Ext.P1 plaint was filed on
28.06.2021. The respondents have not yet filed their
written statement. The suit is only at a nascent stage.
If the respondents do not file their written statement
within the time period fixed in the Code of Civil
Procedure (in short 'Code'), the procedure to be
adopted is laid down in the Code. I do not assume for a
OP(C) NO. 2026 OF 2022
moment that the Court below will not follow the time
lines laid down under the Code to decide the suit in
accordance with law and as per the seniority of the suit.
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 petitioner an out of
turn preference and decide the suit in precedence to
the older pending cases. The original petition fails and
is hence dismissed.
Sd/-
C.S.DIAS, JUDGE
rmm/21/10/2022
OP(C) NO. 2026 OF 2022
APPENDIX OF OP(C) 2026/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S. NO:
171/2021 PENDING BEFORE THE MUNSIFF
MAGISTRATE COURT, PONNANI
Exhibit P2 THE TRUE COPY OF THE DIARY EXTRACTS FROM
28.10.2021 TO 31.05.2022 IN O.S. NO:
171/2021 OF THE MUNSIFF MAGISTRATE
COURT, PONNANI
