Sumesh Krishnan vs Moncy Daniel
2023 Latest Caselaw 9068 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         OP(C) NO. 1684 OF 2023
  OP 2/2020 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, ALAPPUZHA
PETITIONER/RESPONDENT:

          SUMESH KRISHNAN
          AGED 37 YEARS
          RESIDING AT SUMESH BHAVAN,
          ZILLA COURT WARD, THATHAMPALLY.P.O.
          ALAPPUZHA DISTRICT, PIN - 688002
          BY ADVS.
          ASWINI SANKAR R.S.
          P.YADHU KUMAR
          SWETHA K.S.
RESPONDENT/PLAINTIFF:

          MONCY DANIEL
          AGED 51 YEARS
          S/O C. DANIEL,
          RESIDING AT PANACHOOR HOUSE
          MULLACKAL VILLAGE, AMBALAPUZHA TALUK,
          ALAPPUZHA DISTRICT., PIN - 688001
          BY ADVS.
          NARENDRA KUMAR M
          B.RAJESH (KOTTAYAM)(K/1209/1999)

          SRI NARENDRA KUMAR
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OPC No.1684 of 2023
                                 2




                           C. S. DIAS, J.
                -------------------------
                      O.P.(C.) No.1684 of 2023
                -------------------------
          Dated this the 23rd day of August, 2023

                            JUDGMENT

The original petition is filed to direct the

Court of Subordinate Judge, Alappuzha to

consider and dispose of I.A. No.8/2023 in O.S.

No.02/2020, expeditiously.

2. Pursuant to the order dated 14.08.2023

passed by this Court, the learned Subordinate

Judge, by communication dated 17.08.2023, has

informed this Court that I.A. No.8/2023 is filed

under Order 9 Rule 13 of the Code of Civil

Procedure. The court below requires a weeks'

time after 09.10.2023 to dispose of the

application.

3. Heard; Smt.Aswini Sankar R.S., the OPC No.1684 of 2023

learned Counsel appearing for the petitioner

and Sri.Narendra Kumar, the learned Counsel

appearing for the respondent.

4. Having considered the pleadings and

materials on record and after perusing the

communication of the learned Subordinate

Judge, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution

of India, I am inclined to order the original

petition.

Resultantly, I order the original petition as

follows:

(i) The learned Subordinate Judge,

Alappuzha is directed to consider and dispose

of I.A. No.8/2023 in O.S. No.2/2020, in

accordance with law and as expeditiously as

possible, at any rate, within a period of one

month from the date of receipt of a certified OPC No.1684 of 2023

copy of this judgment.

(ii) It will be upto the respondent to file his

objection to I.A. No.8/2023 before the date of

hearing.

Sd/-

C. S. DIAS JUDGE SKP/23-08 OPC No.1684 of 2023

APPENDIX OF OP(C) 1684/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CMP NO 64/2019 IN O.S.NO.2 OF 2020 BEFORE THE HON'BLE SUBORDINATE JUDGES COURT, ALAPPUZHA EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.2 OF 2020 BEFORE THE HON'BLE SUBORDINATE JUDGES COURT, ALAPPUZHA EXHIBIT P3 TRUE COPY OF THE O.S.53 OF 2020 OF THE HON'BLE SUBORDINATE JUDGES COURT, ALAPPUZHA.

EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.53 OF 2020 OF THE HON'BLE SUBORDINATE JUDGES COURT, ALAPPUZHA.

EXHIBIT P5 A TRUE COPY OF THE JUDGEMENT IN O.S 2/2020 DATED 13.07.2023 BEFORE HON'BLE SUB COURT, ALAPPUZHA EXHIBIT P6 A TRUE COPY OF THE APPLICATION IA NO 8/2023 IN O.S 02/2020 BEFORE THE HON'BLE SUB COURT, ALAPPUZHA EXHIBIT P7 A TRUE COPY OF THE I A NO 7/2023 IN OS NO 53 OF 2020 BEFORE THE HON'BLE SUB COURT, ALAPPUZHA RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE