Sasidharan Nair vs Anil Kumar
2023 Latest Caselaw 7853 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       OP(C) NO. 1513 OF 2023
        IN OS 904/2022 OF PRINCIPAL MUNSIFF COURT,NEDUMANGAD
PETITIONER:

            SASIDHARAN NAIR
            AGED 65 YEARS
            S/O CHELLAPPAN PILLAI,VADAKKEVILA
            PUTHENVEEDU,CHENNANPARA,CHITTUVEEDU MURI VITHURA P.O,
            THOLICODE VILLAGE, NEDUMANGAD TALUK, PIN - 695551

            BY ADVS.    NIKITA NAIR C.S.
                        JOSEPH GEORGE
                        M.A.KASIM


RESPONDENTS:

    1       ANIL KUMAR
            AGED 48 YEARS
            S/O GOPALAKRISHNAN, AKHIL BHAVAN, VAVARAKONAM,
            VITHURA P.O, THOLICODE VILLAGE NEDUMANGAD TALUK,
            PIN - 695551

    2       DEEPAKUMARI
            AGED 45 YEARS
            W/O ANIL KUMAR , AKHIL BHAVAN, VAVARAKONAM, VITHURA
            P.O, THOLICODE VILLAGE NEDUMANGAD TALUK,
            PIN - 695551


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1513/2023

                                      -:2:-




                      Dated this the 26th day of July,2023

                            JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Nedumangad, to expeditiously dispose of

O.S. No.904/2022, within a time frame to be fixed by

this Court.

2. The petitioner has averred in the original

petition that he has filed the above suit against the

respondents, inter alia, for a fixation of boundary and

other consequential reliefs. The petitioner is aged 65

years and is a senior citizen. The pendency of the suit

is causing severe hardship to the petitioner. Hence,

the court below may be directed to dispose of the suit

expeditiously.

3. Heard; Smt. Nikita Nair C.S., the learned

counsel appearing for the petitioner on admission.

4. The Code of Civil Procedure, 1908 lays down

the procedure to be followed by civil courts right from O.P.(C)No.1513/2023

the institution of the suit till the execution of the

decree.

5. It is trite, the supervisory jurisdiction of this

Court under Article 227 of the Constitution of India is

to be exercised sparingly and in cases of exceptional

rarity. The power under this Article casts a duty on this

Court to keep Courts of the District Judicature and

Tribunals within their bounds of authority and see that

they discharge their functions as per the mandate

prescribed under law. But, that does not mean that this

Court is to intermeddle with the proceedings before

the Courts/ Tribunals, at each and every stage, that too

on the mere asking of parties, particularly to dispose of

a suit in precedence to older pending matters.

6. Ext P3 plaint was instituted only on

25.11.2022. It is not discernible as to whether the

respondents have been filed a written statement. Thus, O.P.(C)No.1513/2023

I am of the view that the suit is only at its nascent

stage.

7. In Shiju Joy.A vs. Nisha [2021 (2) KHC 462],

a Division Bench of this Court has succinctly held that

in cases pending before the Family Courts, if a litigant

desires to get an out-of-turn disposal, then such a

person has to first move the Family Court by way of an

interlocutory application stating the reasons for the

expeditious consideration of the matter. Only if the

Family Court rejects such request, the party can invoke

the supervisory jurisdiction of this Court under Article

227 of the Constitution of India.

8. Recently, another Division Bench of this Court

in Prema Joy vs. John Britto [2023 LiveLaw (Ker)

235], following the principles in Shiju Joy (supra), has

emphatically held that 'out-of- turn' hearings cause

injustice to other litigants. Deviation from the seniority, O.P.(C)No.1513/2023

on the basis of the date of filing, shall be permitted

only in exceptional cases and for genuine reasons.

Merely because a litigant has the means or resources

to approach this Court, with a prayer to expedite his

case, he shall not be permitted to jump the queue or

steal a march over other litigants, and get an undue

advantage.

9. On an overall consideration of the pleadings

and the principles laid down in the afore-cited

precedents, I do not find any extra-ordinary

circumstances or pressing reasons to exercise the

power of superintendence of this Court under Article

227 of the Constitution of India, to direct the court

below to expeditiously dispose of the suit in question.

There are no justifiable grounds made out in the

original petition, to direct the out of turn disposal of

the said suit, and upset the apple cart of the suits O.P.(C)No.1513/2023

already listed for trial before the court below, where

there is a huge backlog of suits and applications.

Hence, this Court leaves it to the absolute discretion

and wisdom of the court below to decide, whether the

present suit is to be disposed of in precedence to older

pending matters. It would be up to the petitioner to

move the court below by filing an application, seeking

for an out-of-turn disposal of the suit. If such an

application is filed, the court below shall consider the

same as per the principles laid down in Shiju Joy and

Prema Joy (supra).

With the above observations, the original petition

is dismissed.

Sd/-

                                    C.S.DIAS,JUDGE

DST/26.07.23                                     //True copy//

                                                 P.A.To Judge
 O.P.(C)No.1513/2023






                              APPENDIX

PETITIONER EXHIBITS
EXHIBIT P-1         THE TRUE PHOTOCOPY OF THE PLAINT IN O.S NO:

904/2022 OF THE HON'BLE MUNSIFF COURT NEDUMANGADU

EXHIBIT P-2 A TRUE PHOTOCOPY OF THE ORDER DATED 25-11-

2022 IN I.A NO: 1/2022 IN O.S NO: 904/2022 OF THE COURT OF PRINCIPAL MUNSIFF NEDUMAGAD

EXHIBIT P-3 THE TRUE PHOTOCOPY OF THE B DIARY IN O.S NO: 904/2022 OF THE COURT OF ADDITIONAL MUNSIFF NEDUMANGAD

EXHIBIT P-4 THE TRUE PHOTOCOPY OF THE COMMISSION REPORT AND ROUGH SKETCH FILED BY ADVOCATE COMMISSIONER IN O.S NO:904/2022 OF THE HON'BLE COURT OF ADDITIONAL MUNSIFF NEDUMANGAD

RESPONDENT'S EXHIBITS : NIL