Geetha vs Ajith
2023 Latest Caselaw 5648 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
      FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                        OP(C) NO. 1015 OF 2023
AGAINST THE PROCEEDINGS IN OS 288/2015 OF MUNSIFF COURT, ATTINGAL


PETITIONER/2ND DEFENDANT:

          GEETHA
          AGED 50 YEARS, D/O LATE CHELLAPPAN PILLAI ,
          SIVAKRUPA ,MAMOM, KIZHUVILAM P O, ATTINGAL,
          KERALA. PIN-695 104.

          BY ADV K.C.SUDHEER


RESPONDENT/PLAINTIFF:

          AJITH
          AGED 61, S/O SADASIVAN,
          RESIDING AT UTHRAM HOUSE, MAMOM, KIZHUVILAM P O,
          ATTINGAL,KERALA. PIN-695 104.



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.05.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P (C) NO. 1015 OF 2023                  2



                                  JUDGMENT

This original petition has been filed under Article 227 of the Constitution

of India to direct to the Munsiff, Attingal, to try and to dispose of

O.S.No.288/2015, pending before that Court, within a time frame.

2. It is submitted by the learned counsel for the petitioner that,

though this is a suit of the year 2015, which has been pending for the last

eight years, no effective steps were taken by the learned Munsiff to dispose

of the same, and the petitioner, who is the 2 nd defendant in the above suit is

aggrieved by the delay in the disposal of the suit.

3. Since the suit is of the year 2015, covered by 5+ old category, the

learned Munsiff is bound to dispose of the same at the earliest. In view of the

matter, I am inclined to dispense with the notice to the respondent.

Accordingly, there shall be an order to the learned Munsiff, Attingal, to

try and to dispose of O.S.No.288/2015 on or before 14-08-2023, in

accordance with law, without fail and report compliance.

Sd/-

A. BADHARUDEEN JUDGE ats

APPENDIX OF OP(C) 1015/2023

PETITIONER'S EXHIBITS Exhibit-P1 THE COPY OF THE PLAINT IN OS NO 288/2015 ON THE FILE OF THE MUNSIFF COURT ATTINGAL DATED 4/6/2015

Exhibit-P2 THE COPY OF THE ORDER IN IA NO 1212/2015 IN OS NO 288/2015 ON THE FILE OF THE MUNSIFF COURT ATTINGAL DATED 30/7/2015

Exhibit 3 THE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN OS NO 288/2015 ON THE FILE OF THE MUNSIFF COURT ATTINGAL DATED 21/10/2021

Exhibit-P4 THE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER APPOINTED IN OS NO 288/2015 ON THE FILE OF THE MUNSIFF COURT ATTINGAL DATED 8/6/2015

Exhibit-P5 THE COPY OF THE CASE STATUS DOWN LOADED FROM THE E-COURTS DATED NIL

Exhibit-P6 THE COPY OF THE DEATH CERTIFICATE OF THE 1ST DEFENDANT DATED 24/12/2022 ISSUED FROM THE REGISTRAR OF BIRTH AND DEATH ,THIRUVANATHAPURAM CORPORATION