Citation : 2022 Latest Caselaw 10205 Ker
Judgement Date : 15 September, 2022
1
OP(C) No.559 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA,
1944
OP(C) NO. 559 OF 2022
TO DISPOSE OF OS 370/2021 OF MUNSIFF COURT,VARKALA
PETITIONER/S:
1 LALITHA S
AGED 74 YEARS
W/O.SREEDEVAN, KADAYIL VEEDU, KALLAMBALAM,
OTTUR.P.O, THIRUVANANTHAPURAM,
PIN-695605.
2 BETTY.B,
AGED 22 YEARS
D/O.BAIJU S PANICKAR, KADAYIL VEEDU,
KALLAMBALAM,
OTTUR.P.O, THIRUVANANTHAPURAM,PIN-695605.
BY ADVS.
T.M.ABDUL LATIFF
A.MOHAMED RASHEED
RESPONDENT/S:
ANOOP KRISHNAN
S/O.UNNIKRISHNAN, U.V.NIVAS, NAVIKULAM VILLAGE,
KALLAMBALAM.P.O,
VARKALA TALUK,
THIRUVANANTHAPURAM,
PIN-695605.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) No.559 of 2022
C.S DIAS,J.
---------------------------
OP(C) No.559 of 2022
-----------------------------
Dated this the 15th day of September, 2022.
JUDGMENT
The original petition is filed to direct the Court of the
Munsiff, Varkala, to consider and dispose of O.S.No.370/2021,
within a time frame.
2. Pursuant to the order dated 18.03.2022 passed by this
Court, the learned Munsiff, Varkala, by communication dated
21.03.2022, has informed this Court that the defendant has
entered appearance through Counsel and has sought time to file
his written statement. The case stands posted to 10.08.2022.
The Court below would make every endeavour to dispose of
the suit within 12 months after the completion of pre trial steps.
3. Heard; Shri. T.M Abdul Latiff, the learned counsel
appearing for the petitioners.
4. In the light of the pleadings and materials on record
and after perusing the communication of the learned Munsiff,
OP(C) No.559 of 2022
especially taking into consideration the fact that the first
petitioner is aged 74 years, in exercise of the supervisory
powers of this Court under Article 227 of the Constitution of
India, I direct the Court of the Munsiff, Varkala, to consider and
dispose of O.S.No.370/2021, in accordance with the law, as
expeditiously as possible, at any rate within a period of six
months after the completion of pre trial steps.
The original petition is ordered accordingly.
SD/-
sks/15.9.2022 C.S.DIAS, JUDGE
OP(C) No.559 of 2022
APPENDIX OF OP(C) 559/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF INJUNCTION
DATED 23/10/2021 IN O.S.NO.308/2021 IN I.A.NO.1/2021 OF MUNSIFF COURT, VARKALA.
Exhibit P2 TRUE COPY OF THE PLAINT IN
O.S.NO.370/2021 OF MUNSIFF COURT,
VARKALA DATED 16/11/2021.
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