Uthaman vs Latha Suresh
2023 Latest Caselaw 426 Ker

OP(C) NO.1631 OF 2022                1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         OP(C) NO. 1631 OF 2022
            OS 392/2014 OF MUNSIFF COURT, MAVELIKKARA
PETITIONER/S:

    1     UTHAMAN
          AGED 59 YEARS
          S/O. KOCHU CHERUKAN
          RESIDING AT IROOTIL,IDAYIL PARAMPIL
          THEKKEKARA,
          VENAKAM MURIYIL.MAVELIKKARA TALUK, PIN - 690101
    2     RADHAMANI
          AGED 51 YEARS
          W/O. UTHAMAN
          RESIDING AT IROOTIL,IDAYIL PARAMPIL
          THEKKEKARA,
          VENAKAM MURIYIL.MAVELIKKARA TALUK, PIN - 690101
          BY ADV NAVEEN RADHAKRISHNAN


RESPONDENT/S:

    1     LATHA SURESH
          AGED 51 YEARS
          S/O. MR. BHAKTHADAS,
          RESIDING AT SURESH BHAVAN,THEKKEARA
          VILLAGE P.O., MAVELIKKARA TALUK,, PIN - 695543
    2     SARALA
          AGED 51 YEARS
          D/O.BHARATHI,
          PS VILLA KANDALLOR VILLAGE,
          MAVELIKKARA TALUK, PIN - 695543
    3     SATHAMMA
          AGED 62 YEARS
          D/O.BHARATHI,
          THEKKEARA VILLAGE,KURATHIODU VETTIL
          MAVELIKKARA TALUK, PIN - 695543
    4     DISTRICT COLLECTOR
          COLLECTORATE ALAPUZHA P O, PIN - 688001
    5     DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, ALAPUZHA P O, PIN - 688001
 OP(C) NO.1631 OF 2022             2

    6     THAHSILDHAR TALUK OFFICE
          MAVELIKKARA P 0, PIN - 688001
    7     VILLAGE OFFICER
          VILLAGE OFFICE MAVELIKKARA PO, PIN - 688001
    8     JALAJA MONEY
          AGED 65 YEARS
          W/O SUDHERDHRALAL UMBERNADU
          KALLUMALA PO MAVELIKKARA PO, PIN - 690101
OTHER PRESENT:

          SMT .SYLAJA S L .-GP FOR R4 TO R7


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.1631 OF 2022              3



                         JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Mavelikkara, to consider and dispose of

O.S.No.392/2014 within a time frame.

2. Pursuant to the order dated 29.08.2022 passed

by this Court, the learned Munsiff, by communication

dated 14.09.2022, has informed this Court that the suit is

filed for fixation of boundary, declaration, recovery of

possession and other consequential reliefs. The disposal of

the suit has been prolonged for want of Advocate

Commissioner's report and survey plan. The court below

would make every endeavour to dispose of the suit within

six months.

3. Heard Sri.Naveen Radhakrishnan, the learned

counsel appearing for the petitioners. Even though service

is complete on the respondents 1, 2 and 8, there is no

appearance for them. The learned Government Pleader

takes notice for the respondents 4 to 7. As there is

substantial representation for the parties, I dispense with

notice to the 3rd respondent.

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 Munsiff, Mavelikkara, to consider and dispose

of O.S.No.392/2014, in accordance with law, as

expeditiously as possible, at any rate within a period of six

months from the date of receipt of a certified copy of this

judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/11.1.2023 //True copy// P.S. to Judge

APPENDIX OF OP(C) 1631/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO.392 OF 2014 FILED BY THE PETITIONERS