Kerala High Court
Muhammed Azeem vs Suresh Babu on 3 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
OP(C) NO. 1958 OF 2019
CMA 14/2017 OF THE ADDL DISTRICT COURT ,N .PARUR
PETITIONER:
MUHAMMED AZEEM, AGED 51 YEARS, S/O.KUNJALI NAINA, VEZHAPPILLY
VEETTIL, ALUVA, ALUVA WEST VILLAGE REPRESENTED BY POWER HOLDER AND
FATHER SRI.KUNJALI NAINA, S/O.MOHAMMED, AGED 79, VEZHAPPILLY
VEETTIL, ALUVA WEST VILLAGE, ALUVA-683101
BY ADVS.M/S.S.B.PREMACHANDRA PRABHU & SRI.K.B.RAJESH
RESPONDENT:
SURESH BABU, AGED 49 YEARS, S/O.KUMARAN, THACHETHU VEETTIL,
ERUMATHALA KARA, ALUVA EAST VILLAGE, ALUVA-683105
BY ADVS.SRI.AJITH VISWANATHAN & SRI.JACOB GEORGE (PARAVUR)
This OP(C) having come up for orders on 03.09.2024, upon perusing
the letter dated 19.8.2024 of District Judge, Ernakulam forwarding the
letter dated 16.08.2024 of Addl. Sub Judge, North Paravur and this court's
judgment dated 3.11.2023, the court on the same day passed the following;
(p.t.o)
C.JAYACHANDRAN, J.
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O.P.(C).No.1958 of 2019
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Dated, this the 3rd September, 2024
O R D E R
Perused the letter of the Additional Sub Judge,
North Paravur, dated 16.08.2024, seeking further
extension of time to dispose of the suit
O.S.No.229/2016 by a period of four months.
2. This Court, vide judgment dated 03.11.2023 in
O.P.(C)No.1958/2019, directed the learned Sub
Judge to try and dispose of the above suit as
expeditiously as possible, at any rate, within a
period of six months from the date of receipt of a
copy of the judgment. Thereafter, as per letter
dated 15.03.2024, the learned Sub Judge sought
extension by one year, when the original direction
was to dispose of the matter within six months.
However taking a lenient view, this Court, by
order dated 11.04.2024, allowed four more months
time to comply with the judgment in the Original
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Petition afore-referred. Now, the Sub Judge is
seeking a further extension of time, by a period
of four more months.
3. This Court is constrained to express its total
dissatisfaction over the conduct of the learned
Sub Judge in choosing to seek one year's time at
the first instance, when the original direction
was to dispose of the matter within six months;
and also, in seeking a further extension
thereafter, by four months. This Court notice
that, in both the request made by the learned Sub
Judge, no satisfactory reason is seen espoused for
not disposing the matter within the time limit
stipulated.
4. This Court also notice that, it has become a
regular practice to seek extension of time, when
the Court directs disposal of the matter within a
time frame. It may have to be stated in this
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context that, usually Courts do not give
directions specifying time bound disposal. Only in
deserving cases, that too for reasons recorded in
the judgment, the Court directs disposal within a
time frame. Failing to imbibe the spirit of the
direction, the matters are being dilly-dallied,
and this case appears to be a good example of that
practice. The Registry is directed to take note of
this unhealthy practice and to issue necessary
directions, at any rate, to the particular
Officer; and if found necessary, a general Office
Memorandum in this regard.
5. The request dated 16.08.2024 of the Additional
Sub Judge, North Paravur, is allowed only to the
limited extent of granting one more month's time
from today(03.09.2024) to dispose of the suit
O.S.No.229/2016, which will be inclusive of the
ensuing Onam recess. If necessary, the learned Sub
Judge will take permission from the High Court on
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the administrative side even to conduct sitting
during Onam holidays, so as to ensure that the
above direction is complied with.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
03-09-2024 /True Copy/ Assistant Registrar
