Madhu vs Thankamma
2023 Latest Caselaw 2048 Ker

OP(C) NO. 153 OF 2023               1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
      FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         OP(C) NO. 153 OF 2023
 FDIA 1238/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS , (MUNSIFF
                       MAGISTRATE COURT) ADIMALI
PETITIONER/S:

          MADHU
          AGED 45 YEARS
          S/O LATE NARAYANAN, PADINJAREKKARA HOUSE, MINIPPADI,
          ADIMALY, MANANMKANDOM VILLAGE, DEVIKULAM TALUK, IDUKKI
          DISTRICT, PIN - 685561
          BY ADVS.
          S.JIJI
          PRATHEESH PRABHA


RESPONDENT/S:

          THANKAMMA
          AGED 75 YEARS
          W/O SANKARAN, KIZHAKKEKUZHIPPILLIL HOUSE, ADIMALY,
          MANNAMKANDOM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT,
          PIN - 685561
          ADV.SRI.C.S.MANILAL
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 153 OF 2023            2



                           JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Adimaly, to consider and dispose of

R.P.No.36/2022 and I.A. No.1/2022 in F.D.A. No.1238/2013

in O.S.No.254/2008 within a time frame.

2. Pursuant to the order dated 19.01.2023 passed

by this Court, the learned Munsiff, by communication

dated 30.01.2023, has informed this Court that the 8 th

defendant in the F.D.A. has filed the above applications to

condone the delay and to restore the F.D.A. The court

below requires two months' time to dispose of the above

applications.

3. Heard; Smt. Jiji S., the learned counsel appearing

for the petitioner and Sri.C.S.Manilal, the learned counsel

appearing for the respondent.

On a consideration 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 Munsiff, Adimaly, to consider and

dispose of R.P.No.36/2022 and I.A. No.1/2022 filed in F.D.A.

No.1238/2013, in accordance with law, as expeditiously as

possible, at any rate within a period of one month from the

date of receipt of a certified copy of this judgment. Until

such time orders are passed on the above applications, all

further proceedings in F.D.A.No.1238/2013 shall stand

deferred.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/3.2.23 //True copy// P.S. to Judge

APPENDIX OF OP(C) 153/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPLICATION FILED AS RESTOR.

PTN. NO. 36/2022 DATED 08-12-2022 BEFORE THE MUNSIFF COURT, ADIMALY Exhibit P-2 TRUE COPY OF THE PETITION TO CONDONE DELAY OF 1359 DAYS FILED UNDER SECTION 5 OF THE LIMITATION ACT DATED 08-12-2022 BEFORE THE MUNSIFF COURT, ADIMALY.

Exhibit P-3 TRUE COPY OF THE DAILY CASE STATUS AND DAILY ORDER DETAILS OF RESTOR. PTN. NO. 36/2022 DATED 08-12-2022 ON THE FILE OF THE MUNSIFF COURT ADIMALY TAKEN FROM E-COURTS SITE