In an original petition, the High Court directed the District Court to dispose of a pending Civil Miscellaneous Appeal within two months while continuing the interim stay of auction passed during admission.
Directed the District Judge to dispose of CMA 10/2012 within two months; continued interim stay of auction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 25TH DAY OF JULY 2012/3RD SRAVANA 1934
OP(C).No. 1433 of 2012 (O)
IN CMA.10/2012 of D.C. & SESSIONS COURT,KOTTAYAM
PETITIONER(S):
BABU THOMAS CHANDY, AGED 51 YEARS, S/O. LATE AHCNDY, KUDIYATHU KUZHUPPIL HOUSE, ERAVIMANGALAM KARA AND POST, MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.P.KURUVILLA JACOB
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.
2. THE CHIEF ENGINEERS, PROJECT-II, IRRIGATION DEPARTMENT, TRIVANDRUM.
3. THE DIVISIONAL ENGINEER, MUVATTUPUZHA IRRIGATION PROJECT (MV.I.P.), KURUPPANTHARA KADAVU, KURUPPANTHARA KARA, MANJOOR VILLAGE & POST, VAIKOM TALUK, KOTTAYAM DISTRICT.
4. THE ASSISTANT EXECUTIVE ENGINEER, MUVATTUPUZHA IRRIGATION PROJECT(MV.I.P.) SUBDIVISION-14, KURUPPANTHARA, MANJOOR POST & VILLAGE, VAIKOM TALUK, KOTTAYAM DIST.
BY ADV.SMT.LILLY.K.T, GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
OP(C).No. 1433 of 2012 (O)
APPENDIX
PETITIONER(S) EXHIBITS:
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.A TO JDUGE
DG
V.CHITAMBARESH, J.
O.P.(C) No. 1433 Of 2012
Dated this the 25th day of July , 2012.
J U D G M E N T
The only prayer in this original petition is for the disposal of a Civil Miscellaneous Appeal filed against an order refusing to restore a suit to file. I direct the court of the District Judge of Kottayam to dispose of CMA 10/2005 pending on its file within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
V.CHITAMBARESH, JUDGE
// TRUE COPY//
P.A TO JUDGE
DG
“CMA 10/2005” occurring in the first paragraph of the judgment dated 25/07/2012 in O.P(C) 1433/2012 is corrected and substituted as “C.M.A No.10/2012” as per order dated 10/10/2012 in I.A 12762/2012.
Sd/-
Registrar (Judicial)
1 issue framed by the court
Whether an original petition should be disposed of with an instruction to the District Judge to dispose of a pending Civil Miscellaneous Appeal within two months.
BABU THOMAS CHANDY
STATE OF KERALA
THE CHIEF ENGINEERS, PROJECT-II, IRRIGATION DEPARTMENT, TRIVANDRUM
THE DIVISIONAL ENGINEER, MUVATTUPUZHA IRRIGATION PROJECT
THE ASSISTANT EXECUTIVE ENGINEER, MUVATTUPUZHA IRRIGATION PROJECT
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
