Kerala High Court
Karthiyani vs Sivan on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
OP(C) NO. 677 OF 2023
IN I.A.NOS.1&2/2022 IN CMA 14/2022 OF SUB COURT, PERUMBAVOOR
IN OS 75/2012 OF MUNSIFF COURT, PERUMBAVOOR
PETITIONER:
KARTHIYANI
AGED 71 YEARS
D/O. KURUMBAN, MUKKOOTTIL HOUSE,
(THRIKKARTHIKA), NORTH MAZHUVANNOOR KARA,
AIRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
DISTRICT, PIN - 686669
BY ADVS. PAUL K.VARGHESE
A.A.GEETHA
RESPONDENTS:
1 SIVAN
S/O. KURUMBAN, , MUKKOOTTIL HOUSE, NORTH MAZHUVANNOOR
KARA, AIRAPURAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 686669
2 THANKAMMA CHOTHY
W/O. CHOTHY, NJATTUTHOTTIYIL HOUSE, PAHAMTHOTTAM
KARA, AIRKKARANADU VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 686669
3 MAYA CHANDRAN
W/O. CHANDRAN, NJATTUTHOTTIYIL HOUSE, PAHAMTHOTTAM
KARA, AIRKKARANADU VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 686669
ADV. SRI. RAJU P MATHEW
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.677/2023
:2:
Dated this the 24th day of March, 2023
JUDGMENT
The original petition is filed to direct the Court of
the Subordinate Judge, Perumbavoor, to consider and
dispose of C.M.A.No.14/2022 (Ext P10) within a
reasonable time period and until such time to direct
the Court of the Munsiff, Perumbavoor, to defer further
proceedings in E.P.No.128/2017.
2. Pursuant to the order dated 17.03.2023
passed by this Court, the learned Subordinate Judge,
by communication dated 20.03.2023, has informed this
Court that C.M.A.No.14/2022 stands posted to
03.07.2023, for final hearing and disposal. The court
below requires four months' time to dispose of the
C.M.A.
O.P.(C) No.677/2023
3. Heard; Sri. Paul K.Varghese, the learned
counsel appearing for the petitioner and Sri. Raju P.
Mathew, the learned counsel appearing for the
respondents.
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, Perumbavoor, to consider and
dispose of C.M.A.No.14/2022, as expeditiously as
possible and in accordance with law, at any rate, within
a period of four months from the date of receipt of a
certified copy of this judgment. It is made clear that,
until such time judgment is passed in
C.M.A.No.14/2022, all further proceedings in
O.P.(C) No.677/2023
E.P.No.128/2017 in O.S.No.75/2015 of the Court of the
Munsiff, Perumbavoor, shall stand deferred.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/24.03.2023 //True copy/
P.A.To Judge
O.P.(C) No.677/2023
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO.
75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 2.3.2012
EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT WITH
COUNTER CLAIM FILED BY THE RESPONDENTS IN
O.S. NO. 75/2012 ON THE FILE OF MUNSIFF
COURT, PERUMBAVOOR DATED 12.62012
EXHIBIT P3 4.3.2016. A TRUE COPY OF THE JUDGMENT IN
O.S. NO. 75/2012 ON THE FILE OF MUNSIFF
COURT, PERUMBAVOOR
EXHIBIT P4 A TRUE COPY OF I.A. NO. 730/2016 IN O.S.
NO. 75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 2.4.2016
EXHIBIT P5 A TRUE COPY OF I.A. NO. 731/2016 IN O.S.
NO. 75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 2.4.2016
EXHIBIT P6 A TRUE COPY OF I.A. NO. 531/2018 IN O.S.
NO. 75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 31.5.2018
EXHIBIT P7 A TRUE COPY OF I.A. NO. 532/2018 IN O.S.
NO. 75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 31.5.2018
EXHIBIT P8 . A TRUE COPY OF THE PETITION IN IA NO
533/2018 IN O.S. NO. 75/2012 ON THE FILE OF
SUB COURT, PERUMBAVOOR DATED 31/05/2018
EXHIBIT P9 A TRUE COPY OF I.A. NO. 3 534/2018 IN O.S.
NO. 75/2012 ON THE FILE OF MUNSIFF COURT,
PERUMBAVOOR DATED 31.5.2018
O.P.(C) No.677/2023
EXHIBIT P10 A TRUE COPY OF CMA NO. 14/2022 FILED BY THE
PETITIONER BEFORE THE SUB COURT,
PERUMBAVOOR DATED 8.12.2022
EXHIBIT P11 P10. A TRUE COPY OF THE STAY PETITION AS
I.A. NO. 1/2022 IN CMA NO. 14/2022 FILED BY
THE PETITIONER BEFORE THE SUB COURT,
PERUMBAVOOR DATED 8.12.2022
EXHIBIT P12 A TRUE COPY OF CMA NO. 15/2022 FILED BY THE
PETITIONER BEFORE THE SUB COURT,
PERUMBAVOOR DATED 8.12.2022
EXHIBIT P13 A TRUE COPY OF THE PETITION TO ACCEPT
DOCUMENTS AS I.A. NO. 2/2022 IN CMA NO.
14/2022 FILED BY THE PETITIONER BEFORE THE
SUB COURT, PERUMBAVOOR DATED 8.12.2022
EXHIBIT P14 20.10.2017. A TRUE COPY OF THE E.P. NO.
128/2017 IN O.S. NO. 75/2012 ON THE FILE OF
SUB COURT, PERUMBAVOOR DATED 20.10.2017
EXHIBIT P15 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY LISIE HOSPITAL, ERNAKULAM TO THE
PETITIONER DATED 7.7.2017
EXHIBIT P 16 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY MEDICAL COLLEGE HOSPITAL, KOLENCHERY TO
THE PETITIONER DATED 3.7.2017
EXHIBIT P17 A TRUE COPY 4 OF THE RELEVANT PAGES OF THE
DISCHARGE SUMMARY ISSUED BY DR. HASHIK P.
MUHAMMED TO THE PETITIONER DATED 31.10.2022
EXHIBIT P18 A TRUE COPY OF THE ORDER IN I.A NO. 1/2022
IN CMA NO. 14/22 ON THE FILE OF SUB COURT,
PERUMBAVOOR DATED 20.2.2023
EXHIBIT P19 A TRUE COPY OF THE ORDER IN I.A NO. 2/2022
IN CMA NO. 14/22 ON THE FILE OF SUB COURT,
PERUMBAVOOR DATED 20.2.2023
RESPONDENTS' EXHIBITS: NIL
