S. Gopakumar vs Sukumaran Nair
2023 Latest Caselaw 10545 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       OP(C) NO. 2078 OF 2023
    AGAINST THE ORDER/JUDGMENT CMA 37/2022 OF SUB COURT,
                               NEDUMANGAD
PETITIONER/APPELLANT:

             S. GOPAKUMAR
             AGED 59 YEARS, S/O. SANKARAPILLA,
             RESIDING AT SANKARAVILASAM, CHITHARA,
             MANKODE VILLAGE, CHITHARA P.O,
             KOLLAM, PIN - 691559
             BY ADVS.
             A.T.ANILKUMAR
             V.SHYLAJA

RESPONDENTS/RESPONDENTS:

    1        SUKUMARAN NAIR
             AGED 63 YEARS, S/O. KUNJANPILLA,
             KOCHUVEETIL, PIRAPPANCODE, MANIKKAL,
             NOW RESIDING AT THINKAL, PIRAPPANCODE P.O.,
             MANIKKALMURI, MANICKAL VILLAGE,
             THIRUVANANTHAPURAM, PIN - 695607
    2        ANITHA KUMARI
             AGED 54 YEARS, W/O SUKUMARAN NAIR,
             KOCHU VEETIL,PIRAPPANCODE, MANIKKAL,
             NOW RESIDING AT THINKAL, PIRAPPANCODE P.O,
             MANIKKAL MURI, MANIKKALVILLAGE,
             THIRUVANANTHAPURAM, PIN - 695607
     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION    ON
16.10.2023,     THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No. 2078 of 2023
                                      :2:


                      DEVAN RAMACHANDRAN, J.
                  =========================
                        O.P.(C).No. 2078 of 2023
                 ==========================
                 Dated this the 16th day of October, 2023

                                  JUDGMENT

The petitioner seeks that C.M.A.No.37/2022 before the Sub

Court, Nedumangad, be directed to be disposed of within a time

frame to be fixed by this Court.

2. Noticing the afore limited plea of the petitioner, this Court

directed the Registry to obtain a report from the learned Sub Judge,

Nedumangad, which is now available. The learned Sub Judge has

reported that she will be able to dispose of the suit within two months

after completion of the trial steps.

3. Taking note of the afore, I am of the view that summons is not

required to be issued to the respondents because, it will also be in

their interest that the suit is disposed of at the earliest.

In the afore circumstances, I allow this Original Petition, and

direct the learned Sub Judge, Nedumangad, to dispose of

C.M.A.No.37/2022, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this judgment.

I, however, clarify that the Court will give all necessary

opportunities to both sides while doing as afore.

Sd/-

DEVAN RAMACHANDRAN, JUDGE anm O.P.(C).No. 2078 of 2023

APPENDIX OF OP(C) 2078/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.237/2022 MUNSIFF COURT NEDUMANGAD, DATED 24.3.2022 Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.237/2022 MUNSIFF COURT NEDUMANGAD DATED 18.5.2022 FILED BY THE PETITIONER / DEFENDANT IN O.S.NO.237/2022.

Exhibit P3 THE TRUE COPY OF THE COMMON ORDER IN I.A.

NO.1/2022 AND I.A. NO.3/2022 IN OS 237/2022 MUNSIFF COURT NEDUMANGAD DT.9-11-2022 Exhibit P4 THE TRUE COPY OF THE C.M.A. NO.36/2022 PENDING BEFORE THE SUB COURT , NEDUMANGADU, DATED 30/11/2022/ Exhibit P5 THE TRUE COPY OF THE C.M.A. NO.37/2022 PENDING BEFORE THE SUB COURT, NEDUMANGADU, DATED 30/11/2022.

RESPONDENTS' EXHIBITS : NIL.