Pridhwyraj. P vs Sonia Gandhi
2023 Latest Caselaw 3486 Ker

             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. 213 OF 2023
 ARISES FROM I.A NO.1/2022 IN O.S NO.550/2022 OF ADDITIONAL
                       MUNSIFF COURT, KOLLAM
PETITIONER/PLAINTIFF:

            PRIDHWYRAJ. P
            AGED 47 YEARS
            S/O. PRABHAKARAN PILLAI
            VIJAYA MANDIRAM
            PERUMPUZHA P. O, KUNDARA,
            KOLLAM DISTRICT, PIN - 691 504.

            BY ADVS.
            GEORGE VARGHESE KIZHAKKAMBALAM
            VARGHESE GEORGE


RESPONDENTS/DEFENDENTS:

    1       SMT. SONIA GANDHI
            PRESIDENT, ALL INDIA CONGRESS COMMITTEE
            THE INDIAN NATIONAL CONGRESS,
            10, JANPATH,
            NEW DELHI, PIN - 110 011.
    2       KERALA PRADESH CONGRESS COMMITTEE,
            THE INDIAN NATIONAL CONGRESS,
            INDIRA BHAVAN, ALTHARA NAGAR
            VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010
            REPRESENTED BY ITS PRESIDENT
            SRI. K. SUDHAKARAN.
    3       DISTRICT CONGRESS COMMITTEE
            THE INDIAN NATION CONGRESS,
            KOLLAM DISTRICT, PIN - 691 001
            REPRESENTED BY ITS PRESIDENT
            SRI. RAJENDRA PRASAD.




     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
24.03.2023,     THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C).No.213 OF 2023

                                    2




                            JUDGMENT

Dated this the 24th day of March, 2023

The Original Petition is filed to direct the Munsiff

Court, Kollam to consider and dispose of I.A No.1 of

2022 in O.S No.550 of 2022 within a reasonable time

period.

2. Pursuant to the order dated 30.01.2023

passed by this Court, the learned Principal Munsiff (in

charge of Additional Munsiff), Kollam, by

communication dated 01.02.2023, has informed this

Court that I.A No.1 of 2022 is filed under order XXXIX

Rule 1 of the Code of Civil Procedure. The defendants

have entered appearance and prayed time to file their

objections. The case stands posted for objection and

hearing as a last chance to 17.03.2023. The

defendants 1 and 2 have not yet filed their vakalath.

The court below requires two months time to dispose

of the application.

OP(C).No.213 OF 2023

3. Heard Sri.George Varghese, the learned

counsel appearing for the petitioner.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff and keeping in mind the spirit under

order XXXIX of the Code of Civil Procedure, I am of

the view that the court below is to be directed to

consider and dispose of I.A No.1 of 2022, in

accordance with law, as expeditiously as possible, at

any rate on or before 12.04.2023, after affording both

sides an opportunity of being heard.

The Original Petition ordered, accordingly.

Sd/-

C.S.DIAS JUDGE

SPR OP(C).No.213 OF 2023

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S NO.

550/2022 DATED 16.07.2022 OF MUNSIFF COURT, KOLLAM.

EXHIBIT P2 A TRUE COPY OF THE SAID PETITION ALONG WITH THE AFFIDAVIT IN SUPPORT OF THE SAME DATED 16.07.2022.

EXHIBIT P3 A TRUE COPY OF THE SAID STATEMENT OF OBJECTION FILED BY THE 3RD RESPONDENT DATED 13.11.2022.

EXHIBIT P4 THE STATUS OF THE CASE AS PUBLISHED IN THE INTERNET SHOWING THE DETAILS OF THE CASE O.S NO.550/2022 DATED 09.01.2023 BEFORE THE MUNSIFF COURT, KOLLAM.

RESPONDENTS EXHIBITS: NIL.