Upendra Narayanan vs Anoop Thomas
2024 Latest Caselaw 5778 Ker

Kerala High Court

Upendra Narayanan vs Anoop Thomas on 20 February, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
       TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
                            OP(C) NO. 429 OF 2024
       AS 4/2022 OF ASSISTANT SESSIONS COURT/SUB COURT, PERUMBAVOOR
PETITIONER(S)/RESPONDENT:

           UPENDRA NARAYANAN
           AGED 73 YEARS
           S/O NARAYANAN PANICKER, KUNNAYATH HOUSE, KOTHAKULANGARA
           KARA, ANGAMALY VILLAGE, ANGAMALY, ERNAKULAM, PIN - 683572
           BY ADVS.
           AJAI JOHN
           V.M.SAJAN

RESPONDENT(S)/APPELLANT:

           ANOOP THOMAS
           S/O THOMAS, THOTTUNGAL HOUSE, PERUMANOOR KARA, ERNAKULAM
           VILLAGE, KANAYANNUR TALUK,, PIN - 682015

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C.) No.429 of 2024


                                       2




                      C.JAYACHANDRAN, J.
                ------------------------------------
                    O.P.(C.) No.429 of 2024
                ------------------------------------
            Dated this the 20th day of February, 2024

                                JUDGMENT

The petitioner herein is the respondent in A.S.

No.4/2022 pending before the Sub Court, Perumbavoor.

The petitioner seeks expeditious disposal of the said

appeal.

2. Having regard to the fact that, the appeal

sought to be expedited is of the year 2022, the relief

sought for cannot be granted. The relief, if granted,

would frustrate the legitimate the expectations of those

litigants who have filed cases earlier and who are

waiting in the queue, awaiting adjudication and

disposal.

3. However, this Court notice that the petitioner

is a senior citizen. Besides, learned counsel would also

point out that he is suffering from cancer.

4. In the circumstances, the learned Sub Judge

will give due priority to the appeal in accord with the

binding O.M. issued by the High Court, on the

administrative side, which affords priority to the cases

preferred by the senior citizens.

The Original Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/20-02

APPENDIX OF OP(C) 429/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGEMENT IN OS NO. 401/2015 DATED 25/08/2021 IN THE FILES OF THE LEARNED MUNSIFF COURT PERUMBAVOOR EXHIBIT P2 TRUE COPY OF THE APPEAL IN AS NO. 4/2022 DATED 12/01/2022 IN THE FILES OF LEARNED SUBORDINATE COURT, PERUMBAVOOR EXHIBIT P3 TRUE COPY OF THE JUDGEMENT IN AS NO. 4/2022 DATED 05/07/2023 IN THE FILES OF LEARNED SUBORDINATE COURT, PERUMBAVOOR EXHIBIT P4 TRUE COPY OF THE RESTORATION PETITION IN IA14/2023 DATED 12/07/2023 FILED BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER IN IA/14/2023 DATED 05/09/2023R EXHIBIT P6 TRUE COPY OF THE ORDER IN IA NO. 14/2023 IN AS NO. 4/2022 DATED 03/11/2023 IN THE FILES OF LEARNED SUBORDINATE COURT, PERUMBAVOOR EXHIBIT P7 TRUE COPY OF THE DOCTORS CERTIFICATE DATED 06/02/2024 RESPONDENT'S EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE