Arun G S vs Sarun G.S
2023 Latest Caselaw 3251 Ker

OP(C) NO. 75 OF 2023
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
   THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                         OP(C) NO. 75 OF 2023
   AGAINST THE ORDER/JUDGMENT IN OS 508/2015 OF ADDITIONAL
                       MUNSIFF COURT,NEDUMANGAD
PETITIONER/S:

            ARUN G S
            AGED 34 YEARS
            ARUN NIVAS, ANAKUDI MURI, KALLARA VILLAGE,
            NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN - 695541

            BY ADV M.R.SARIN



RESPONDENT/S:

            SARUN G.S,
            S/O. GOPINATHAN, A.C.M VILLA, ANAKUDI MURI, KALLARA
            VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN -
            695541


     THIS    OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 75 OF 2023
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                         JUDGMENT

The original petition is filed, interalia, to direct the

Court of the Munsiff-I, Nedumangad to consider and

dispose of O.S.No.508/2015 within a time frame.

2. Pursuant to the order dated 16.01.2023 passed by

this Court, the learned Principal Munsiff (in charge of

Additional Munsiff), Nedumangad, by communication

dated 18.01.2023, has informed this Court that the suit is

filed for declaration, right of easement and consequential

injunction. The defendant has filed two applications to

amend the written statement and to incorporate a counter

claim. The applications were posted for objection and

hearing to 23.01.2023. The court below requires atleast

six months time after completion of the pre-trial steps to

dispose of the suit.

3. Heard; Sri.Sarin, the learned Counsel appearing

for the petitioner. Even though notice has been served on OP(C) NO. 75 OF 2023

the learned Counsel appearing for the respondent before

the court below, there is no appearance for him.

In the light of the pleadings and the materials on

record and after perusing the communication of the

learned Munsiff, in exercise of the powers of this Court

under Article 227 of the Constitution of India, I direct the

Court of the Additional Munsiff-I, Nedumangad to consider

and dispose of OS No.508/2015, in accordance with law

and as expeditiously as possible, at any rate within a

period of four months after the completion of the pre-trial

steps.

Sd/-

C.S.DIAS, JUDGE rkc/23.03.23 OP(C) NO. 75 OF 2023

APPENDIX OF OP(C) 75/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF PLAINT IN THE OS NO.

508/2015 ON THE FILE OF HON'BLE MUNSIFF COURT, NEDUMANGAD