K. Ratnavally vs Parambath Mythili
2023 Latest Caselaw 140 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
       FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        OP(C) NO. 2532 OF 2022
 AGAINST THE ORDER/JUDGMENT OS 31/2018 OF MUNSIFF COURT, THALASSERY
PETITIONER/PLAINTIFF:

           K. RATNAVALLY
           AGED 60 YEARS
           D/O. LATE BALAKRISHNAN,
           KUNHIPARAMBATH GOKULAM HOUSE,
           VADAKKUMBAD P.O., MADATHUMBHAGAM,
           KOLASSERY, REPRESENTED BY RAHUL K.M.,
           S/O. R.M. RAMACHANDRAN, AGED 31 YEARS,
           RAYAROTH HOUSE, KAYALOOR, CHAVASSERY P.O.,
           MATTANNUR, KANNUR DISTRICT - 670702,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           R.M. RAMACHANDRAN, S/O. KANNAN NAIR,
           AGED 66 YEARS, AGRICULTURE, RAYAROTH HOUSE,
           KOLARI AMSOM, KAYALOOR DESOM, IRRITY TALUK,
           CHAVASSERY P.O., KANNUR DISTRICT, PIN - 670702

           BY ADVS.
           GEORGE SEBASTIAN
           PHILIA KOSHY


RESPONDENT/DEFENDANT:

           PARAMBATH MYTHILI
           D/O. KUNHIRAMAN,
           VALIYAKATH HOUSE, THIRUVANGAD AMSOM,
           CHALIL DESOM, TEMPLE GATE, THALASSERY TALUK,
           KANNUR DISTRICT, PIN - 670102


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2532 OF 2022
                               2

                         JUDGMENT

The Original Petition is filed to direct the Court of the

Munsiff, Thalassery, to consider and dispose of

O.S.31/2018 within a time frame.

2. Pursuant to the order dated 21.12.2022 passed

by this Court, the learned Munsiff, by communication

dated 24.12.2022, has informed this Court that the suit is

filed for declaration and recovery of possession. The suit

stands posted on 12.01.2023 for pre-trial steps. The Court

below would make an endeavour to dispose of the suit

within three months after the completion of pre-trial

steps.

3. Heard Sri.George Sebastian, the learned Counsel

appearing for the petitioner. Even though, notice has

been served on the learned Counsel appearing for the

respondent before the court below, there is no OP(C) NO. 2532 OF 2022

appearance for her.

In the light of the pleadings and materials on record

and after perusing the communication of the learned

Munsiff, in exercise of supervisory powers under Article

226 of the Constitution of India, I direct the Court of

Munsiff, Thalassery, to consider and dispose of

O.S.31/2018, in accordance with law, as expeditiously as

possible, at any rate within a period of four months after

the completion of pre-trial steps.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE nak OP(C) NO. 2532 OF 2022

APPENDIX OF OP(C) 2532/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO.

31/2018 OF THE MUNSIFF COURT, THALASSERRY

Exhibit P2 A TRUE COPY OF THE PROCEEDINGS OF O.S.

NO. 31/2018 OF THE MUNSIFF COURT, THALASSERRY PUBLISHED IN E-COURTS