Praseena vs Nibil M
2023 Latest Caselaw 1226 Ker

              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. 50 OF 2023
        IN OS 249/2022 OF MUNSIFF COURT ,PATHANAMTHITTA
PETITIONER:

          PRASEENA
          AGED 48 YEARS,
          D/O SULOJANA.
          PUTHEN VEETIL, ATHUMPUMKULAM PO,
          KONNI THAZHAM VILLAGE, KONNI TALUK-,
          PIN - 689691

          BY ADVS.     VINOY VARGHESE KALLUMOOTTILL
                       ROJA R.


RESPONDENT/S:

    1     NIBIL M
          AGED 47 YEARS,
          S/O MANOHARAN, NIBIL NIVAS,
          ATHUMPUMKULAM PO,
          KONNI THAZHAM VILLAGE,
          KONNI TALUK, PIN - 689691
    2     BINDHU JAYAPRAKASH
          AGED 53 YEARS,
          W/O JAYAPRAKASH,
          JAYA SADANAM, PARAKKODU PO,
          ADOOR VILLAGE,
          ADOOR TALUK, PIN - 691523

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.50/2023

                                     -:2:-




                    Dated this the 18th day of January,2023

                            JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Pathanamthitta, to consider and dispose of

I.A.No.5/2022 in O.S.No.249/2022 (Ext P3) within a time

frame.

2. Pursuant to the order dated 11.01.2023 passed

by this Court, the learned Munsiff, by communication

dated 16.01.2023, has informed this Court that the suit is

filed for fixation of boundary and other consequential

reliefs. I.A.No.5/2022 has been filed by the petitioner to

implead herself as the additional second defendant in the

suit. The plaintiff has filed his objections to the above

application. The application can be disposed of within 20

days.

3. Heard; Sri. Vinoy Varghese Kallumoottill, the

learned counsel appearing for the petitioner. Even

though notice of this original petition has been served on O.P.(C)No.50/2023

the learned counsel appearing for the respondents

before the appellate court, there is no appearance for

them.

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 learned Munsiff, Pathanamthitta,

to consider and dispose of I.A.No.5/2022 in

O.S.No.249/2022, as expeditiously as possible and in

accordance with law, at any rate, on or before

31.01.2023.

The original petition is ordered accordingly.

Sd/-

                                            C.S.DIAS,JUDGE

DST/18.01.23                                                        //True copy//

                                                                    P.A.To Judge
 O.P.(C)No.50/2023






                            APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE AGREEMENT OF SALE DATED

18/6/2022 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE CAVEAT PETITION FILED BEFORE THE MUNSIF COURT, PATHANAMTHITTA IN CAVEAT OP NO: 12/2022.

EXHIBIT P3 TRUE COPY OF THE IMPLEADING PETITION IN IA NO: 5/2022 IN OS NO: 249/2022

EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR ALONG WITH RECEIPT DATED 14/12/2022

EXHIBIT P5 TRUE COPY OF THE INJUNCTION ORDER PASSED IN IA NO: 1/2022 IN OS NO; 249/2022 ON THE FILE OF THE MUNSIFF COURT, PATHANAMTHITTA.

RESPONDENT'S EXHIBIT: NIL