Citation : 2023 Latest Caselaw 1503 Ker
Judgement Date : 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
OP(C) NO. 2434 OF 2022
OS.NO.177/2019 OF MUNSIFF COURT,VARKALA
PETITIONER/DEFENDANT:
VINSAL
AGED 63 YEARS
S/O VISWANATHAN, VILAYIL VEEDU,
VADASSERIKKONAM P.O, VARKALA,THIRUVANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695143
BY ADV M.R.SASITH
RESPONDENT/PLAINTIFF:
MAYA TROSSI
AGED 41 YEARS
W/O TROSSI JAYAN, MADHAVAMANDHIRAM,
VARKALA, THIRUVANANTHAPURAM, PIN - 695143
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(C) NO. 2434 OF 2022
C.S. DIAS, J.
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O.P.(C) No.2434 of 2022
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Dated this the 20th day of January, 2023
JUDGMENT
The original petition is filed to direct the Court of Munsiff,
Varkala, to consider and dispose of O.S.No.177/2019 within a
time frame.
2. Pursuant to the order dated 09/12/2022 passed by
this Court, the learned Munsiff, by communication dated
13/12/2022, has informed this Court that the suit is filed for a
decree of permanent prohibitory injunction and other
consequential reliefs.
3. The suit now stands posted to 31/01/2023 for
appearance of the parties for mediation. The court below to
make an endeavour to dispose of the suit within ten months,
after the completion of trial steps.
4. Heard; Sri.Sasith M.R, the learned counsel appearing
for the petitioner. Even though service of notice is complete on
OP(C) NO. 2434 OF 2022
the respondent, there is no appearance for her.
In the light of the pleadings and materials recorded and
after perusing the communication of the learned Munsiff, in
exercise of supervisory powers of this Court under Article 226
of the Constitution of India, I direct the Court of the Additional
Munsiff, Varkala to consider and dispose of O.S.No.177/2019,
in accordance with law, as expeditiously as possible and at any
rate, within a period of four months, after the completion of
trail steps.
The Original Petition is ordered accordingly.
Sd/-
C.S. DIAS JUDGE rsr
OP(C) NO. 2434 OF 2022
APPENDIX OF OP(C) 2434/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN 177/2019 IN THE FILES OF THE HON'BLE MUNSIFF COURT, AT VARKALA
Exhibit P2 WRITTEN STATEMENT FILED BY THE PETITIONER IN OS 177/2013.
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