Madhusudhanan vs P.K. Avarachan
2023 Latest Caselaw 2960 Ker

OP(C) NO. 448 OF 2023
                                1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                      OP(C) NO. 448 OF 2023
 AGAINST THE ORDER/JUDGMENT IN OS 348/2011 OF I ADDITIONAL
                       SUB COURT,ERNAKULAM
PETITIONER/S:

    1    MADHUSUDHANAN
         AGED 65 YEARS
         S/O SUKUMARAN, 33/120B, MINJU NIVAS, DHANYA, SOUTH
         ROAD, CHALIKKAVATTOM, VENGOLA. P.O, KOCHI, PIN -
         682028

    2    MIDHUN. M.
         AGED 26 YEARS
         S/O. MADHUSUDHANAN, 33/120B, MINJU NIVAS, DHANYA,
         SOUTH ROAD, CHALIKKAVATTOM, VENGOLA.P.O, KOCHI,
         PIN - 682028

    3    MRIDHULA. M
         AGED 19 YEARS
         D/O MADHUSUDHANAN, 33/120B, MINJU NIVAS, DHANYA,
         SOUTH ROAD, CHALIKKAVATTOM, VENGOLA.P.O, KOCHI,
         PIN - 682028

         BY ADV BIJU ABRAHAM



RESPONDENT/S:

    1    P.K. AVARACHAN
         AGED 63 YEARS
         S/O. KURIACKO, PUTHENPURAKKAL HOUSE, THENGODU.
         P.O., KAKKANAD, PIN - 682030
 OP(C) NO. 448 OF 2023
                                    2

    2       MARY GEORGE
            AGED 57 YEARS
            D/O. KURIACKO, PAZHAYAKATTIL HOUSE, THENGOD. P.O.,
            KAKKANAD, PIN - 682030

    3       CHINNAMMA ANTONY
            AGED 53 YEARS
            D/O. KURIACKO, KARITHALA HOUSE, THENGODU. P.O.,
            KAKKANAD, PIN - 682030

    4       P.K. PAULOSE
            AGED 52 YEARS
            S/O. KURIACKO, PUTHENPURAKKAL HOUSE, THENGODU
            P.O., KAKKANAD, PIN - 682030

    5       VALSAMMA
            AGED 44 YEARS
            D/O. KURIACKO, PUTHENPURAKKAL HOUSE, THENGODU.
            P.O., KAKKANAD, PIN - 682030


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
13.03.2023,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 448 OF 2023
                                3

                          JUDGMENT

The original petition is filed, interalia, to direct the

Court of the 1st Additional Subordinate Judge, Ernakulam

to consider and dispose of O.S.No.348/2011 within a

reasonable time period.

2. Pursuant to the order dated 21.02.2023 passed by

this Court, the learned Subordinate Judge, by

communication dated 28.02.2023, has informed this

Court that the suit stands posted for filing of additional

written statement. Thereafter, the suit will be listed for

pre-trial steps. The court below requires six months time

to dispose of the suit.

3. Heard; Sri.Biju Abraham, the learned Counsel

appearing for the petitioners. Even though notice has

been served on the learned Counsel appearing for the

respondents before the court below and memo is filed to

the effect, there is no appearance for them. OP(C) NO. 448 OF 2023

In the light of the pleadings and the 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 Additional

Subordinate Judge-1, Ernakulam, to consider and

dispose of O.S.No.348/2011 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 rkc/13.03.23 OP(C) NO. 448 OF 2023

APPENDIX OF OP(C) 448/2023

PETITIONER EXHIBITS

ExhibitP1 A TRUE COPY OF THE ORIGINAL SUIT FILED AS O.S. NO. 348/2011 FILED BY THE ORIGINAL PLAINTIFF ON 06-04-2011 ON THE FILES OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR IMPLEADING FILED AS I.A. NO. 5556/2016 IN O.S. NO. 348/2011 DATED 15-11-2016 ON THE FILES OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM

Exhibit P3 A TRUE COPY OF THE ORDER IN I.A. NO.

5556/2016 IN O.S. NO. 348/2011 ON THE FILES OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM DATED 17-07-2017