Jayakumar vs Mary Margaret
2023 Latest Caselaw 2049 Ker

OP(C) NO. 2526 OF 2022               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. 2526 OF 2022
           OS 88/2017 OF II ADDITIONAL SUB COURT,ERNAKULAM
PETITIONER/S:

            JAYAKUMAR
            AGED 52 YEARS
            S/O.SREEDHARAN, KOTTAKKAL HOUSE, EDAKOCHI.PO, KOCHI,
            ERNAKULAM, PIN - 682010
            BY ADVS.
            S.SUNIL KUMAR (PALAKKAD)
            B.S.SURAJ KRISHNA
            LEKSHMI S.SEKHER
            B.JITHU
            FEMY M.ANTONY


RESPONDENT/S:

    1       MARY MARGARET
            AGED 61 YEARS
            W/O.K.V.GEORGE, KURISINGAL HOUSE, VARAPPUZHA,
            ERNAKULAM, PIN - 683517
    2       JOSEPHINA
            AGED 59 YEARS
            D/O.PETER THOMSON (LATE), AVITTAMPILLY HOUSE, CC-
            49/1620, PEELIAD DESOM, EDAPPALLY NORTH VILLAGE, KOCHI,
            ERNAKULAM, PIN - 682026
    3       HENRY TUNANT
            AGED 57 YEARS
            S/O.PETER THOMSON (LATE), AVITTAMPILLY HOUSE, CC-
            49/1620, PEELIAD DESOM, EDAPPALLY NORTH VILLAGE, KOCHI,
            ERNAKULAM, PIN - 682026
    4       MARY GRACY
            AGED 55 YEARS
            S/O.PETER THOMSON (LATE), AVITTAMPILLY HOUSE, CC-
            49/1620, PEELIAD DESOM, EDAPPALLY NORTH VILLAGE, KOCHI,
            ERNAKULAM, PIN - 682026
 OP(C) NO. 2526 OF 2022            2



    5     MERLIN JESINTHA
          AGED 53 YEARS
          D/O.PETER THOMSON (LATE), AVITTAMPILLY HOUSE, CC-
          49/1620, PEELIAD DESOM, EDAPPALLY NORTH VILLAGE, KOCHI,
          ERNAKULAM, PIN - 682026
    6     PHILOMINA
          AGED 80 YEARS
          W/O.PETER THOMSON (LATE), AVITTAMPILLY HOUSE, CC-
          49/1620, PEELIAD DESOM, EDAPPALLY NORTH VILLAGE, KOCHI,
          ERNAKULAM, PIN - 682026
          BY ADVS.
          DINESH R.SHENOY FOR R1
          SREELAL WARRIAR FOR R5
          SILESH S. PRABHU(K/510/2020) FOR R1
          P.ROHIT PREMANANDAN SHENOY(K/000195/2017) FOR R1
          SAMBHU NARAYANAN S.(K/2143/2022) FOR R1
          JOMOL PIUS(K/002269/2022) FOR R1
          POOJA SUNIL(K/001191/2022)
          NANDA SURENDRAN(K/1367/2020)


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2526 OF 2022             3




                           JUDGMENT

The original petition is filed to direct the Court of the

Additional Subordinate Judge-II, Ernakulam, to consider

and dispose of O.S.No.88/2017 within a time frame.

2. Pursuant to the order dated 20.12.2022 passed

by this Court, the learned Subordinate Judge, by

communication dated 23.12.2022, has informed this Court

that the suit is filed seeking a decree of specific

performance of contract. The suit was once rejected and

thereafter restored back to file. The defendants 2 and 4

were set ex-parte. Later, they filed an application to set

aside the ex-parte order, which was allowed. Then, the

defendants 2 and 4 have filed an application under Section

10 of the Code of Civil Procedure. The defendants have

contended that there is a connected R.F.A.No.97/2020

pending before this Court. There is also a connected suit

as O.S.No.23/2016 pending before the Court of the

Subordinate Judge, Ernakulam. Now, I.A. Nos.2 and 4 of

2022 are pending consideration. In view of the above

circumstances, the trial in the suit has not commenced.

The court below would not be in a position to stipulate the

exact time period within which the suit can be disposed of.

Nonetheless, the court below would make an endeavour to

dispose of I.A. Nos.2 and 4 within a time frame.

3. Heard, Sri.S.Sunilkumar, the learned counsel

appearing for the petitioner; Sri. Dinesh R. Shenoy, the

learned counsel appearing for the 1 st respondent and Sri.

Sreelal N. Warrier, the learned counsel appearing for the

respondents 5 and 6.

In the light of the pleadings and materials on record,

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 direct the Court of the Additional Subordinate Judge-II,

Ernakulam, to consider and dispose of O.S.No.88/2017, in

accordance with law, as expeditiously as possible, at any

rate within three months after the completion of pre-trial

steps.

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) 2526/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO-88 OF 2017 FILED BEFORE THE SUB COURT AT ERNAKULAM DATED 04.04.2017 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO-

88/2017 ON THE FILES OF SECOND ADDITIONAL SUB COURT AT ERNAKULAM FIELD BY THE RESPONDENT NO-1 DATED 03.09.2022 Exhibit P3 TRUE COPY OF THE COMMON ORDER IN IA NO-

3732/2019 & IA NO-3733/2019 IN OS NO-88/2017 OF SECOND ADDITIONAL SUB COURT AT ERNAKULAM DATED 31.03.2022 Exhibit P4 TRUE COPY OF THE PROOF AFFIDAVIT FILED IN OS NO-88 OF 2017 ON THE FILES OF SECOND ADDITIONAL SUB COURT AT ERNAKULAM DATED 20.08.2022 Exhibit P5 TRUE COPY OF THE INTERIM APPLICATION AS IA NO-3/2022 IN OS NO-88/2017 ON THE FILES OF SECOND ADDITIONAL SUB COURT AT ERNAKULAM DATED 25.08.2022 FILED BY THE RESPONDENT NO-1