Kothambala vs Jayaprabha
2023 Latest Caselaw 8100 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
   MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                      OP(C) NO. 1539 OF 2023
   TO CONSIDER AND DISPOSE OF OF OS 373/2022 OF MUNSIFF
                              COURT,ALUVA
PETITIONER/S:

            KOTHAMBALA
            AGED 84 YEARS
            D/O. THEVAN, VETTIKADAN VEETIL, MARANGADAN KARA
            (KORAMANA), KARUKUTTI VILLAGE, ALUVA TALUK,
            KARUKUTTI P.O., ERNAKULAM DISTRCT., PIN - 683573
            BY ADVS.
            BOBBY RAPHEAL.C
            E.C.POULOSE


RESPONDENT/S:

            JAYAPRABHA
            AGED 38 YEARS
            W/O. SHIBU, PERATT VEETIL, KIDANGOOR KARA,
            THURAVOOR VILLAGE, ALUVA TALUK, KIDANGOOR P.O.,
            ERNAKULAM DISTRICT., PIN - 683572
     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
31.07.2023,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
                                       2
OP(C) No.1539 of 2023


                                 C.S DIAS,J.
                      ---------------------------
                   OP(C) No.1539 of 2023
                      -----------------------------
              Dated this the 31st day of July, 2023

                               JUDGMENT

The original petition is filed to direct the Court of the

Munsiff, Aluva, to expeditiously dispose of OS

No.373/2022, within a time frame to be fixed by this Court.

2. The petitioner has averred in the original petition

that, she is the plaintiff in the above suit, which is filed

against the respondent, seeking a decree for declaration

and permanent prohibitory injunction. The petitioner is a

senior citizen. The suit was filed on 19.8.2022. The

respondent has filed Ext P2 written-statement on

14.6.2023. The petitioner apprehends that she may not

enjoy the fruits of the decree. Hence, the petitioner prayed

that the court below may be directed to consider and

dispose of the suit, expeditiously.

3. Heard; Smt.Bobby Rapheal.C, the learned counsel

appearing for the petitioner on admission.

OP(C) No.1539 of 2023

4. The Code of Civil Procedure, 1908 lays down the

procedure to be followed by civil courts right from 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. Indisputably, Ext P1 plaint was instituted only on

19.8.2022. The respondent has filed Ext P2 written-

statement on 14.6.2023. Thus, I am of the view that the

suit is only at its nascent stage.

OP(C) No.1539 of 2023

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

Division Bench of this Court has succintly held that in

cases pending before the Family Courts, if a litigant desires

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

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

OP(C) No.1539 of 2023

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 aforecited 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 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 upto 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

OP(C) No.1539 of 2023

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.

sks/31.7.2023                   C.S.DIAS, JUDGE

OP(C) No.1539 of 2023


                        APPENDIX OF OP(C) 1539/2023

PETITIONER EXHIBITS
Exhibit P-1         . TRUE COPY OF THE PLAINT IN O.S. NO.
                    373/2022 DATED 19/8/2022 FILED BY THE

PETITIONER BEFORE THE MUNSIFF COURT, ALUVA Exhibit P-2 . TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT DATED 14.6.2023 IN O.S. NO. 373/2022 BEFORE THE MUNSIFF COURT, ALUVA