Karunakaran Pillai vs Hashim
2023 Latest Caselaw 2740 Ker

OP(C) NO. 368 OF 2023                1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                         OP(C) NO. 368 OF 2023
                  OS 531/2017 OF MUNSIFF COURT,VARKALA
            AS 14/2020 OF PRINCIPAL SUB COURT,ATTINGAL
PETITIONER/S:

    1     KARUNAKARAN PILLAI
          AGED 73 YEARS
          S/O KRISHNA PILLAI, K.K.NIVAS, VENKULAM, EDAVA VILLAGE,
          EDAVA (P.O.),THIRUVANANTHAPURAM,, PIN - 695311
    2     SURESH KUMAR
          AGED 45 YEARS
          S/O KARUNAKARAN PILLAI, K.K.NIVAS, VENKULAM, EDAVA
          VILLAGE, EDAVA (P.O.),THIRUVANANTHAPURAM,, PIN - 695311
          BY ADV M.DINESH


RESPONDENT/S:

          HASHIM
          AGED 53 YEARS
          S/O MUHAMMED KUNJU, ARAVAM VEEDU, EDAVA (P O), MANTHARA
          DESOM, EDAVA VILLAGE, (KINGINI, MANTHARA, EDAVA),
          THIRUVANANTHAPURAM,, PIN - 695311
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 368 OF 2023               2



                            JUDGMENT

The original petition is filed to direct the Court of the

Subordinate Judge, Attingal, to consider and dispose of

A.S.No.14/2020 within a reasonable time period.

2. Pursuant to the order dated 15.02.2023, passed

by this Court, the learned Subordinate Judge, by

communication dated 17.2.2023, has informed this Court

that the appeal stands posted for lower court records to

21.3.2022. There are more than 3854 cases pending

before the said court. The court below requires six months'

time to dispose of the appeal.

3. Heard, Sri.M. Dinesh, the learned counsel

appearing for the petitioners. Even though notice has been

served on the learned counsel appearing for the

respondent before the court below, there is no appearance

for him.

In the light of the pleadings and materials on record

and after perusing the communication of the learned

Subordinate Judge, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of India,

I direct the Court of the Subordinate Judge, Attingal, to

consider and dispose of A.S.No.14/2020, 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/1.3.23 //True copy// P.S. to Judge

APPENDIX OF OP(C) 368/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.S. NO.531/2017 ON THE FILE OF THE MUNSIFF COURT, VARKALA DATED 1.12.2017 Exhibit P1(a) TRUE COPY OF THE WRITTEN STATEMENT IN O.S.

NO.531/2017 DATED NIL ON THE FILE OF THE MUNSIFF COURT, VARKALA Exhibit P1(b) TRUE COPY OF THE JUDGMENT DATED 21/12/2019 IN O.S. NO.531/2017 OF THE MUNSIFF COURT, VARKALA Exhibit P2 TRUE COPY OF APPEAL MEMORANDUM IN A.S.

NO.14/2020 ON THE FILE OF SUB COURT ATTINGAL DATED 25.2.2020