Jisha vs 1. Mukkkoodu Sree ...
2023 Latest Caselaw 915 Ker

OP(C) NO. 2038 OF 2022               1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                         OP(C) NO. 2038 OF 2022
             OS 3/2016 OF MUNSIFF COURT, KOTTARAKKARA
PETITIONERS/PLAINTIFFS 2 AND 3:

    1     JISHA
          AGED 34 YEARS
          RESIDING AT SUDARSANA VILASOM MULAVANA CHERI, MULAVANA
          VILLAGE, KOLLAM DISTRICT, PIN - 691503
    2     CHELLAMMAL
          AGED 71 YEARS
          D/O. KAMALAKSHY, RESIDING AT KOOTIL VADKKADATHU VEEDU.
          MULAVANA VILLAGE, KOLLAM DISTIRCT, PIN - 691503
          BY ADV R.RAJESH(PULLIKADA)


RESPONDENTS/DEFENDANTS 1&2AND PLAINTIFFS 1&4:

    1     MUKKKOODU SREE VELAYUDHAMANGALAM KSHETRAM N.S.S 260
          REPRESENTED BY ITS PRESIDENT SUNDARAN ACHARY, RESIDING
          AT SARASWATHY BHAVANAM, MUKKOODU P.O, MULAVANA VILLAGE,
          KOLLAM DISTRICT, PIN - 691503
    2     MUKKKOODU SREE VELAYUDHAMANGALAM KSHETRAM N.S.S 260
          REPRESENTED BY ITS SECRETARY ANIRUDHAN, RESIDING AT
          DARSANA NIVAS, MUKKOODU P.O, MULAVANA VILLAGE, KOLLAM
          DISTRICT, PIN - 691503
    3     SUNIL BABU
          S/O SUKUMARAN, RESIDING AT SUDARSANA VILASOM MULAVANA
          CHERI, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN - 691503
    4     JAGADEESAN ACHARY
          S/O JANARDHANAN ACHARI, RESIDING AT KOOTIL VADKKADATHU
          VEEDU. MULAVANA VILLAGE, KOLLAM DISTIRCT, PIN - 691503
          BY ADVS.
          PRATHEESH.P
          ANJANA KANNATH(K/939/2014) FOR R1 &2


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2038 OF 2022                     2




                            JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Kottarakkara, to consider and dispose of

O.S.No.3/2016 within a time frame.

2. Pursuant to the order dated 25.10.2022 passed

by this Court, the learned Munsiff, by communication

dated 02.11.2022, has informed this Court that the suit is

filed for declaration and consequential reliefs. Issues have

not been framed. The learned Munsiff is holding

additional charge of the Court of the Munsiff,

Kottarakkara. The court below requires six months' time

to dispose of the case.

3. Heard; Sri. R. Rajesh, the learned counsel

appearing for the petitioners and Smt. Anjana Kannath,

the learned counsel appearing for the respondents 1 and 2.

Since the respondents 3 and 4 are also the plaintiffs in the

suit, I dispense with notice to 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 Munsiff, Kottarakkara, to consider and dispose

of O.S.No.3/2016, 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 okb/17.1.2023 //True copy// P.S. to Judge

APPENDIX OF OP(C) 2038/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S NO.3/2016 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS PAPER OF THE MUNSIFF COURT, KOTTARAKARA IN O.S NO. 3 /