The Honourable High Court, Ernakulam, directed the Munsiff Court to dispose of a partition suit (OS 221/2008, originally filed in 2003) within three months, considering the petitioner's advanced age and the delay in disposal.
Directed Munsiff Court to dispose of the suit within three months from receipt of copy of judgment.
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 N.K.BALAKRISHNAN
THURSDAY, THE 9TH DAY OF JANUARY 2014/19TH POUSHA, 1935
OP(C).No. 77 of 2014 (O)
------------------------------------IN OS 221/2008 of MUNSIFF COURT, RANNI
PETITIONER(S)/PETITIONER/PLAINTIFF:
DEVAKI AMMA BHARTHI AMMA, AGED 83 YEARS W/O.LATE ACHUTHAN NAIR, JAYA NIVAS, KATTANAM VILLAGE MAVELIKKARA TALUK, ALAPPUZHA - 690 563.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN
RESPONDENT(S)/RESPONDENT/DEFENDANT:
RAMACHANDRAN PILLAI,, AGED 60 YEARS
S/O.ACHUTHAN NAIR, MAROTTIKULATHU, EZHUMATTOOR VILLAGE MALLAPALLY TALUK, PATHANAMTHITTA - 689 586.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 77 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.282 OF 2003 OF THE MUNSIFF'S COURT, THIRUVALLA DATED 05.06.2003
EXHIBIT P2 : TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN O.S.NO.282 OF 2003, DATED 29.09.2003
RESPONDENT(S)' EXHIBITS
NIL
// true copy //
PA to Judge
das
N.K.BALAKRISHNAN, J.
========================== O.P.(C). No. 77 of 2014
===================================
Dated this the 9th day of January, 2014
JUDGMENT
The learned counsel for the petitioner submits that the suit was originally filed as OS 282/2003. It is a suit for partition. It is stated that the suit was made over to Munsiff court, Ranni, where it was renumbered as OS 221/2008.
The disposal of the suit is getting delayed. Considering the fact that the suit is only for partition and that the plaintiff is aged 83 years, the disposal of the suit filed in the year 2003 cannot be delayed, it is submitted. Hence, the learned Munsiff is directed to dispose of the suit at the earliest at any rate within three months from the date of production of a copy of this judgment.
Sd/-
N.K.BALAKRISHNAN, JUDGE
das
2 issues framed by the court
Whether to direct the lower court to expedite the disposal of a partition suit filed in 2003 where the respondent is 83 years old.
Whether to impose a time limit for the disposal of the pending suit.
DEVAKI AMMA BHARTHI AMMA
RAMACHANDRAN PILLAI
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
