Kerala High Court
Poonkodi vs Ummarali on 30 March, 2023
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OP(C) No. 685 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
OP(C) NO. 685 OF 2023
TO CONSIDER AND DISPOSE OF OS 306/2021 OF MUNSIFF COURT, CHITTUR
PETITIONER/S:
1 POONKODI,AGED 60 YEARS
W/O BALASUBRAHMANIAN, ATTAYAMPATHI, MUTHALAMADA-I VILLAGE,
CHITTUR TALUK, PALAKKAD-., PIN - 678507
2 SENTHILKUMAR,AGED 42 YEARS
S/O BALASUBRAHMANIAN, ATTAYAMPATHI, MUTHALAMADA-I VILLAGE,
CHITTUR TALUK, PALAKKAD-, PIN - 678507
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1 UMMARALI,AGED 52 YEARS,S/O ABDUL MAJEED, ATTAYAMPATHI,
GOVINDAPURAM PO, MUTHALAMADA- I VILLAGE, CHITTUR TALUK,
PALAKKAD-, PIN - 678507
2 SHAMSUDHEEN,AGED 47 YEARS
S/O ABDUL MAJEED, ATTAYAMPATHI, GOVINDAPURAM PO,
MUTHALAMADA-I VILLAGE, CHITTUR TALUK, PALAKKAD-, PIN -
678507
3 MUHAMMEDALI,AGED 46 YEARS
S/O ABDUL MAJEED, ATTAYAMPATHI, GOVINDAPURAM PO,
MUTHALAMADA-I VILLAGE, CHITTUR TALUK, PALAKKAD-, PIN -
678507
4 YOOSAF,AGED 62 YEARS
S/O SYED MUHAMMED RAWTHER, ATTAYAMPATHI, GOVINDAPURAM PO,
MUTHALAMADA-I VILLAGE, CHITTUR TALUK, PALAKKAD-, PIN -
678507
5 MUTHAN,AGED 52 YEARS
S/O ARUCHAMI, ATTAYAMPATHI, GOVINDAPURAM PO, MUTHALAMADA-I
VILLAGE, CHITTUR TALUK, PALAKKAD-, PIN - 678507
6 LAKSHMI,AGED 42 YEARS
W/O MUTHAN, ATTAYAMPATHI, GOVINDAPURAM PO, MUTHALAMADA-I
VILLAGE, CHITTUR TALUK, PALAKKAD-, PIN - 678507
7 LAKSHMI,AGED 72 YEARS
D/O THANKA, THOOTHIPPADAM, PERINGOTTUKAVU, ELAVANCHERI
VILLAGE, CHITTUR TALUK, PALAKKAD, PIN - 678506
BY ADV RAJESH SIVARAMANKUTTY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No. 685 of 2023
C.S DIAS,J.
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OP(C) No. 685 of 2023
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Dated this the 30th day of March, 2023.
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff, Chittur, to consider and dispose of OS
No.306/2021 expeditiously.
2. Pursuant to the order dated 20.3.2023 passed
by this Court, the learned Munsiff, by communication
dated 24.3.2023, has informed this Court that the suit is
filed for a decree of mandatory injunction. The court
below requires six months' time to dispose of the suit.
3. Heard; Sri.Sajan Vargheese.K, the learned
Counsel appearing for the petitioners and Sri.Rajesh
Sivaramankutty, the learned counsel appearing for the
OP(C) No. 685 of 2023
respondents 1,2,4 and 7. Service is complete on the
others.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Munsiff, in exercise of the supervisory powers
of this Court under Article 227 of the Constitution of
India, I direct the Court of the Munsiff, Chittur, to
consider and dispose of OS No.306/2021, in
accordance with law and as expeditiously as possible,
at any rate within a period of four months after the
completion of pre-trial steps.
The original petition is ordered accordingly.
SD/-
sks/30.3.2023 C.S.DIAS, JUDGE
OP(C) No. 685 of 2023
APPENDIX OF OP(C) 685/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.306/2021
ON THE FILE OF MUNSIFF'S COURT, CHITTUR,
PALAKKAD
Exhibit P2 TRUE COPY OF THE JOINT WRITTEN STATEMENT
FILED BY DEFENDANTS NO.1,2,3,4,7 AND 8 IN
OS NO.306/2021 ON THE FILE OF MUNSIFF'S
COURT, CHITTUR, PALAKKAD
Exhibit P3 TRUE COPY OF THE ORDER DATED 16.03.2022
PASSED IN OP(C) NO.464/2022 ON THE FILE OF
THIS HON'BLE COURT
