Kollampuzha Bhagavathy Temple vs Bijukumar. C
2024 Latest Caselaw 27854 Ker

Kerala High Court

Kollampuzha Bhagavathy Temple vs Bijukumar. C on 13 September, 2024

                                                         2024:KER:70120
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

   FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                          OP(C) NO. 1674 OF 2024

        AGAINST THE ORDER DATED 12.04.2024 IA NO.1 OF 2023 IN AS

NO.56    OF   2023   OF   ASSISTANT   SESSIONS     COURT/ADDITIONAL   SUB

COURT,ATTINGAL


PETITIONERS/RESPONDENTS/PLAINTIFF NO.1 & 2:

    1         KOLLAMPUZHA BHAGAVATHY TEMPLE
              ATTINGAL VILLAGE, ATTINGAL
              REPRESENTED BY M.SASI,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695101

    2         M. SASI, AGED 70 YEARS
              S/O. MATHU, AMMU NIVAS,
              NEAR KOLLAMPUZHA PARAVAN VILAKATHU BHAGAVATHY TEMPLE,
              KOLLAMPUZHA, ATTINGAL, PIN - 695101


              BY ADVS. MANU RAMACHANDRAN
              R.RAJESH (VARKALA),M.KIRANLAL
              SAMEER M NAIR,T.S.SARATH
              SHIFANA M.,SAILAKSHMI MENON, JOTHISHA K.A.


RESPONDENTS/APPELLANTS/DEFENDANTS:

    1         BIJUKUMAR. C, AGED 48 YEARS
              S/O CHELLAPPAN, LAKSHMI VILASAM,
              MANOMOHANA VILASOM ROAD, NEAR OLD-AGE HOME,
              VALIYAKUNNU. ATTINGAL,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695104

    2         SASIKUMAR, AGED 49 YEARS
              S/O. CHELLAPPAN, SREESYLAM, KODUMON,
              MEENPADUKSHETHRAM, ATTINGAL,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695101


              BY ADV G.S.REGHUNATH

        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                                 2024:KER:70120
                                  VIJU ABRAHAM, J.
                  .................................................................
                              O.P(C). No.1674 of 2024
                  .................................................................
                 Dated this the 13th day of September, 2024

                                        JUDGMENT

The petitioners have approached this Court seeking

expeditious disposal of I.A.No.7 of 2024 in A.S.No.56 of 2023 pending

before the Sub Court, Attingal within a time limit to be fixed by this Court.

2. When the matter came up for consideration on 23.08.2024, this

Court has called for a report from the Sub Court, Attingal regarding the

present status of the said application. A report has been submitted on

05.09.2024 by the court wherein it is intimated that the case was posted

on 12.09.2024 for hearing and the matter has been adjourned to

24.09.2024. The court has sought for two months time to dispose of the

said application.

After hearing the learned counsel for the petitioners and the

respondents, I am inclined to dispose of the original petition with a

direction to the Sub Court, Attingal to consider and dispose of I.A.No.7 of

2024 in A.S.No.56 of 2023 without any delay, at any rate, within the time

limit sought for in the report.

Sd/-

VIJU ABRAHAM JUDGE

cks 2024:KER:70120 APPENDIX OF OP(C) 1674/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT OF MUNSIFFS COURT, ATTINGAL IN O.S. NO. 221/2019 DATED 13/11/2023

Exhibit P2 THE CERTIFIED COPY OF THE ORDER IN I.A. NO. 1/2023 DATED 20.12.2023 IN A.S. NO. 56/2023 BEFORE THE SUB COURT, ATTINGAL

Exhibit P3 THE TRUE COPY OF THE JUDGEMENT DATED 04.03.2024 IN O.P (CIVIL) NO. 212/2024 OF THIS HON'BLE COURT

Exhibit P4 THE TRUE COPY OF THE ORDER DATED 12/04/2024 IN I.A. NO. 1/2023 IN A.S. NO. 56/2023 ON THE FILES OF SUB COURT, ATTINGAL

Exhibit P5 A TRUE COPY OF THE INJUNCTION PETITION AS I.A. NO. 2/2024 BEFORE THE SUB COURT, ATTINGAL

Exhibit P6 A TRUE COPY OF THE COMMISSION REPORT DATED 09/05/2024 FILED IN A.S. NO. 56/2023 BEFORE THE SUB COURT, ATTINGAL

Exhibit P7 A TRUE COPY OF THE FIR IN CRIME NO.

573/2024 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT REGISTERED ON 28/04/2024

Exhibit P8 A TRUE COPY OF THE BY-LAW OF THE KOLLAMPUZHA DEVI MOORTY KSHETHRAM, KSHETRA SAMRAKSHANA SAMITHI NO. TVM.C. 915/2023 DATED 23.12.2023

Exhibit P9 A TRUE COPY OF THE I.A. NO. 7/2024 IN A.S. NO. 56/2023 DATED 22/05/2024 BEFORE THE SUB COURT, ATTINGAL