M/S. Rajan Pillai Foundation And ... vs P.N. Radhakrishnan
2023 Latest Caselaw 1167 Ker

OP(C) NO. 139 OF 2023                1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                         OP(C) NO. 139 OF 2023
       OS 971/2021 OF MUNSIFF COURT-IV, THIRUVANANTHAPURAM
PETITIONER/S:

          M/S. RAJAN PILLAI FOUNDATION AND CHARITABLE TRUST
          THE CHAMBERS, E-3, BELHEAVEN GARDENS, KOWDIAR,
          THIRUVANANTHAPURAM - 695003,
          REPRESENTED BY EXECUTIVE DIRECTOR, SANU SALAHUDEEN,
          AGED 32 YEARS, S/O. SALAHUDEEN, S.M. HOUSE,
          KALLIYOOR VILAGE, PRAVACHAMBALAM, NEMOM,
          THIRUVANANTHAPURAM, PIN - 695020
          BY ADVS.
          MITHUN P.
          KUMARADHAS J.P.
          JITHIN CHANDRAN C.T.


RESPONDENT/S:

          P.N. RADHAKRISHNAN
          RESIDING AT AVANI, RRA E 74, RISHIMANGALAM,
          VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 139 OF 2023               2




                            JUDGMENT

The petitioner desires to get O.S.No.971/2021 on the

file of the Court of the Munsiff, Thiruvananthapuram, to be

disposed of out of turn.

2. The petitioner has averred in the original petition

that, it has filed the suit against the respondent for a

decree of permanent prohibitory injunction and other

consequential reliefs. The respondent has entered

appearance and filed Ext.P2 written statement on

26.10.2021. The case is being adjourned from time to

time, which is causing hardship to the petitioner. Hence,

there may be a direction to the court below to consider

and dispose of the suit, as expeditiously as possible.

3. Heard; Sri. Mithun P., the learned counsel

appearing for the petitioner.

4. The Code of Civil Procedure, 1908, lays down the

procedure to be followed by the civil courts right from the

institution of the suit till the execution of the decree.

5. It is trite, the supervisory jurisdiction of this Court

under Article 227 of the Constitution of India is to be

exercised sparingly and in cases of exceptional rarity. The

power under this Article casts a duty on this Court to keep

the Subordinate Courts and Tribunals within their bounds

of authority and see that they discharge their functions as

per the mandate prescribed under law. But, that does not

mean that this Court is to intermeddle with the

proceedings before the Subordinate Courts, on the mere

asking of parties, that too to dispose of the proceedings,

out of turn, unsettling the cases targeted for disposal.

On going through the materials on record, it is seen

that Ext.P1 plaint was instituted only on 17.9.2021. The

respondent has filed the written statement on 26.10.2021.

The suit is only at a nascent stage. Therefore, I do not find

any justifiable reason or ground made out in the original

petition to exercise the power of superintendence of this

Court under Article 227 of the Constitution of India, to

issue a direction as prayed for, in the original petition.

Hence, I leave it to the absolute discretion and wisdom of

the court below, to decide whether O.S.No.971/2021 is to

be disposed of in precedence to older pending matters.

With the above observation, the original petition is

dismissed.

Sd/-

C.S.DIAS, JUDGE okb/18.1.2023 //True copy// P.S. to Judge

APPENDIX OF OP(C) 139/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE HON'BLE MUNSIFF COURT, THIRUVANANTHAPURAM AS O.S. NO. 971 OF 2021 DATED 17.09.2021 Exhibit P2 COPY OF THE COUNTER FILED BY THE RESPONDENT DATED 26.10.2021 IN O.S. NO. 971 OF 2021