The High Court at Ernakulam directed the Munsiff Court at Pathanamthitta to dispose expeditiously of a pending interim application in a suit dismissed for default, holding that notice to respondents was not required.
Directed the Munsiff Court, Pathanamthitta, to dispose of I.A. No. 514/2007 in O.S. No. 84/2003 within two months of receipt of the judgment copy.
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 P.BHAVADASAN
FRIDAY, THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936
OP(C).No. 3050 of 2014 (O)
(I.A.514/07 IN O.S.84/03 OF MUNSIFF COURT, PATHANAMTHITTA)
PETITIONER:
K.JOHN @ ASHOK, MAMUTTIL ESTATE, OOTTUPARA, ARUVAPPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA DIST., KERALA STATE, NOW RESIDING AT 9B2 CONDOR DAFFODILS, UPPER MERDIAN ROAD, KAWDIAR, TRIVANDRUM - 695 003.
BY SRI.JOHN K @ ASHOK (PARTY-IN-PERSON)
RESPONDENTS:
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) 3050/14
A P P E N D I X
PETITIONER'S EXHIBITS:
| EXT. P1 | : | COPY OF PLAINT IN O.S.84/03 DTD.17.2.03. |
|---|---|---|
| EXT. P2 | : | COPY OF REPORT AND SKETCH OF ADV.HARI NAIR DTD.18.2.03. |
| EXT. P3 | : | COPY OF ADVOCATE COMMISSION REPORT AND SKETCH OF ADV.P.SOMAN PILLA DTD. 1.2.06. |
| EXT. P4 | : | COPY OF OBJECTION FILED BY PETITIONER IN I.A.2580/06 IN O.S.84/03 DTD. 18.11.06. |
| EXT. P5 | : | COPY OF JUDGMENT IN O.P.(C) 2484/14 DTD. 29.9.14. |
| EXT. P6 | : | COPY OF MEMO OF COST PAID IN I.A.1770/12 IN O.S.84/03. |
| EXT. P7 | : | COPY OF I.A.514/07 IN O.S.84/03 DTD. 2.2.07. |
| EXT. P8 | : | COPY OF I.A.2824/14 IN O.S.84/03 DTD. 16.12.14. |
| EXT. P9 | : | COPY OF MEDICAL CERTIFICATE FROM SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY DTD. 16.11.06. |
RESPONDENT'S EXHIBITS: NIL.
// True copy //
P.A. To Judge.
smp
P.BHAVADASAN, J.
Original Petition (Civil) No.3050 OF 2014 ------------------------------------------------Dated this the 19th day of December, 2014.
J U D G M E N T
The limited prayer in this original petition is for a direction to the Munsiff Court, Pathanamthitta to take up I.A.No.514/2007 in O.S.No.84/2003 pending before that court and dispose of it as expeditiously as possible.
O.P.(C) No.3050/2014
2
of at the earliest.
This original petition is disposed of with a direction to the Munsiff Court, Pathanamthitta to take up I.A.No.514/2007 in O.S.No.84/2003 pending before it and dispose of the same in accordance with law as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE
smp
2 issues framed by the court
Whether notice to respondents is necessary for disposing of an interim application in a suit dismissed for default.
Whether the Munsiff Court is directed to dispose of a pending interim application expeditiously.
K. John @ Ashok
Joseph George (Dead)
John Joseph
Mariamma Thomas
Meenu Joseph
Sumi Mathew
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
