L. Biju vs Abubacker
2023 Latest Caselaw 4510 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         OP(C) NO. 713 OF 2023
AGAINST THE ORDER/JUDGMENT IN OS 56/2013 OF MUNSIFF COURT,ATTINGAL
PETITIONER/S:

          L. BIJU
          AGED 49 YEARS
          S/O LAKSHMANAN, KARTHIKA, PALLICHAVEETTU MURI,
          PALLIPPURAM VILLAGE, PALLIPPURAM.P.O.,
          THIRUVANANTHAPURAM,, PIN - 695142

          BY ADV M.DINESH



RESPONDENT/S:

    1     ABUBACKER
          AGED 73 YEARS
          S/O MUHAMMED KUNJU, AZEEM MANZIL, PALLICHAVEETTU MURI,
          PALLIPPURAM VILLAGE, PALLIPPURAM.P.O.,
          THIRUVANANTHAPURAM,, PIN - 695142

    2     PATHUMMA BEEVI
          AGED 66 YEARS
          D/O MARIAM BEEVI, RAMSHAD MANZIL, PALLICHAVEETTU MURI,
          PALLIPPURAM VILLAGE, PALLIPPURAM.P.O.,
          THIRUVANANTHAPURAM,, PIN - 695142

    3     LAKSHMANAN
          AGED 70 YEARS
          S/O KRISHNAN, KARTHIKA, PALLICHAVEETTU MURI,
          PALLIPPURAM VILLAGE, PALLIPPURAM.P.O.,
          THIRUVANANTHAPURAM,, PIN - 695142


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 713 OF 2023
                                  2

                           JUDGMENT

The original petition is filed, interalia, to direct the

Court of the Munsiff, Attingal to consider and dispose

of OS No.56/2013 within a reasonable time period.

2. Pursuant to the order dated 22.03.2023 passed

by this Court, the learned Munsiff, by communication

dated 27.03.2023, has informed this Court that the suit

is filed for declaration of easement and other

consequential reliefs. The suit stands posted for pre-

trial steps. An application for amendment is pending

consideration. The court below requires three months

time to dispose of the suit after the completion of pre-

trial steps.

3. Heard; Sri.M.Dinesh, the learned counsel

appearing for the petitioner. Even though notice has

been served on the respondents, there is no

appearance for them.

OP(C) NO. 713 OF 2023

In the light of the pleadings and the materials on

record and after perusing the communication of the

learned Munsiff, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Munsiff, Attingal to

consider and dispose of OS No.56/2013 in accordance

with law, as expeditiously as possible at any rate within

a period of three months after the completion of the

pre-trial steps.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/12.04.23 OP(C) NO. 713 OF 2023

APPENDIX OF OP(C) 713/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF O.S. NO.56/2013 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 6.2.2013

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM BY THE PETITIONER AND 3RD RESPONDENT IN O.S. NO.56/2013 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 16.2.2013

Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT IN COUNTER CLAIM IN O.S. NO.56/2013 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 18.10.2013 BY THE 1ST RESPONDENT/PLAINTIFF