Chandradasan vs Mini.A.C
2023 Latest Caselaw 843 Ker

OP(C) NO. 2368 OF 2022
                                1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
                      OP(C) NO. 2368 OF 2022
    AGAINST THE ORDER/JUDGMENT IN OS 902/2021 OF MUNSIFF
                         COURT,CHAVAKKAD
PETITIONER/S:

    1    CHANDRADASAN
         AGED 76 YEARS
         S/O KRISHNAN KUTTY MASTER,
         ALIL, BLANGAD DESOM, ERATTAPPUZHA,
         KADAPPURAM VILLAGE, CHAVAKKAD THALUK,
         THRISSUR DISTRICT.
         PIN - 680506

    2    LEKSHMIKUTTY
         AGED 74 YEARS
         W/O. CHANDRADASAN,
         ALIL, BLANGAD DESOM, ERATTAPPUZHA,
         KADAPPURAM VILLAGE, CHAVAKKAD THALUK,
         THRISSUR DISTRICT.
         PIN - 680506

         BY ADV P.V.DILEEP



RESPONDENT/S:

    1    MINI.A.C.
         AGED 45 YEARS
         W/O. SATHEESAN PUTHIYADATH,
         PUTHEYEDATH HOUSE, MONGAM,
         NADAPURAM THALUK, NADAPURAM P.O,
         KOZHIKKODU DISTRICT., PIN - 673506

    2    BRANCH MANAGER
         STATE BANK OF INDIA,
         CHAVAKKAD BRANCH, CHAVAKKAD P.O,
         THRISSUR DISTRICT.
         PIN - 680506

    3    BRANCH MANAGER
 OP(C) NO. 2368 OF 2022
                                    2

            BANK OF BARODA,
            CHAVAKKAD BRANCH, CHAVAKKAD P.O,
            THRISSUR DISTRICT.
            PIN - 680506

    4       BRANCH MANAGER
            INDIAN OVERSEAS BANK,
            CHAVAKKAD BRANCH, CHAVAKKAD P.O,
            THRISSUR DISTRICT.
            PIN - 680506

            BY ADVS.
            K.I.SAGEER
            SHRI.JITHESH MENON, SC, SBI
            R.REMA
            SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK
            ROJO JOSEPH
            SUNIL SHANKAR A
            VIDYA GANGADHARAN(K/000424/2020)
            SRI.G.G.MANOJ




     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
13.01.2023,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2368 OF 2022
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                          JUDGMENT

The original petition is filed, to direct the Court of

the Munsiff, Chavakkad to consider and dispose of

O.S.No.902/2021 within a time frame.

2. Pursuant to the order dated 01.12.2022 passed by

this Court, the learned III rd Additional Munsiff, Thrissur

(in charge of the Munsiff's Court, Chavakkad), by

communication dated 05.12.2022, has informed this

Court that the suit is filed for decree of mandatory

injunction. There are five defendants in the suit. All the

defendants have filed written statement. The case stands

posted for framing of issues to 12.01.2023. The learned

Munsiff is holding charge of III rd Additional Munsiff,

Thrissur and additional charge of the Court of the

Munsiff, Chavakkad. Due to the heavy backlog of cases,

the learned Munsiff requires one year's time to dispose of

the suit.

3. Heard; Sri.Dileep P.V., the learned counsel OP(C) NO. 2368 OF 2022

appearing for the petitioners, Sri.K.I.Sageer, the learned

counsel appearing for the 1st respondent, Sri.G.G.Manoj,

the learned counsel appearing for the 2 nd respondent and

Sri.Rojo Joseph, the learned counsel appearing for the 3 rd

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 IIIrd Additional Munsiff, Thrissur, (holding

charge of the Munsiff Court, Chavakkad), to consider and

dispose of O.S.No.902/2021 in accordance with law, as

expeditiously as possible, at any rate within a period of

one year from the date of receipt of a certified copy of

this judgment. The original petition is ordered

accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/13.01.23 OP(C) NO. 2368 OF 2022

APPENDIX OF OP(C) 2368/2022

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE SUIT NUMBERED AS O.S. NO. 902/ 2021 ON THE FILE OF THE MUNSIFFS' COURT, CHAVAKKAD.

Exhibit-P2 THE TRUE COPIES OF DISCHARGE SUMMARY FROM HOSPITALS BELONGS TO 1ST PETITIONER ISSUED FROM RAJA CHARITABLE MEDICAL TRUST CHAVAKKAD, THRISSUR DISTRICT AND SUN MEDICAL AND RESEARCH CENTER, THRISSUR.