Kerala High Court
K.K. Ravi vs Pushpavally on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
OP(C) NO. 847 OF 2023
IA. NO.4/2022 IN OS 89/2022 OF ADDITIONAL MUNSIFF COURT,KOCHI
PETITIONERS/PETITIONERS/PLAINTIFFS:
1 K.K. RAVI
AGED 62 YEARS
S/O. KUNJANKUTTY, KATTIPARAMBIL HOUSE, NAYARAMBLAM,
ERNAKULAM, PIN: 682 509.
2 VINOD KUMAR
AGED 56 YEARS
S/O. GANGADHARAN, MALIYEKKAL HOUSE, NAYARAMBALAM,
ERNAKULAM, PIN: 682 509.
BY ADVS.
K.R.VINOD
M.S.LETHA
NABIL KHADER
CHITHRA C.EDADAN
MOHAMMED RAZALI K.A
DEVIKA PRASAD
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 PUSHPAVALLY
AGED 50 YEARS
D/O. VASU, POOVANPALLY HOUSE, NAYARAMBALAM,
ERNAKULAM, PIN: 682 509.
2 MEENA
AGED 48 YEARS
D/O. VASU, POOVANPALLY HOUSE, NAYARAMBALAM,
ERNAKULAM, PIN: 682 509.
3 SHEEJA
AGED 46 YEARS
D/O. VASU, POOVANPALLY HOUSE, NAYARAMBALAM,
ERNAKULAM, PIN: 682 509.
4 SHINILVAS
AGED 42 YEARS
S/O. VASU, POOVANPALLY HOUSE,
OP(C) NO.847 OF 2023 2
NAYARAMBALAM, ERNAKULAM, PIN: 682 509., PIN -
682509
BY ADVS.
MADHUSOODANAN K.S
P.K.RAKESH KUMAR(K/384/2008)
M.M.VINOD KUMAR(K/1685/2000)
K.S.MIZVER(K/333/2007)
M.J.KIRANKUMAR(K/000201/2017)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO.847 OF 2023 3
Dated this the 13th day of April, 2023
JUDGMENT
The original petition is filed to direct the Court of the
Additional Munsiff, Kochi, to consider and dispose of
I.A.No.4/2022 in O.S. No.89/2022, expeditiously.
2. Pursuant to the order dated 31.3.2023 passed by
this Court, the learned Additional Munsiff, Kochi, has
informed this Court that there was no Presiding Officer
before the court below. The new Presiding Officer will
take charge on 4.4.2023. The court below would dispose
the application as expeditiously as possible.
3. Heard; Sri.K.R.Vinod, the learned counsel
appearing for the petitioners and Sri.K.S.
Madhusoodanan, the learned counsel appearing for the
respondents 1 to 3.
4. Sri. K.R. Vinod submitted that pursuant to the
directions passed by this Court, the new learned Munsiff
had advanced the hearing of I.A.No.4/2022 and has heard
the matter. The application stand posted for orders to
today.
5. Sri. K.S. Madhusoodanan submitted that the
respondents have no objection in an Advocate
Commissioner being appointed. But, the respondents
may be permitted to file a work memo before the
Advocate Commissioner. I find the said submission to be
reasonable.
6. In the light of the pleadings and 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 Additional Munsiff, Kochi, to
consider and dispose of I.A.No.4/2022 in O.S.
No.89/2022, in accordance with law and as expeditiously
as possible, at any rate on or before 13.4.2023. It is made
clear that if an Advocate Commissioner is appointed, then
the respondents would be at liberty to file their work
memo before the Advocate Commissioner, who shall
elucidate such matters sought to be ascertained in the
work memo and report the same also.
The original petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/13/4/2023
APPENDIX OF OP(C) 847/2023
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE PLAINT IN O.S.NO.89/2022
IN THE FILES OF THE 1 ST ADDITIONAL
MUNSIFF'S COURT, KOCHI DATED 08.03.2022
Exhibit P2 THE COPY OF I.A.NO.4/2022 IN
O.S.NO.89/2022 DATED 08.03.2022
Exhibit P3 THE COPY OF THE WRITTEN STATEMENT FILED
BY THE RESPONDENTS DATED 27.10.2022
Exhibit P4 THE COPY OF THE OBJECTION FILED BY THE
RESPONDENTS IN I.A.NO.4/2022 DATED
27.10.2022
