In a civil revision petition challenging a dismissal of an interim application, the High Court of Kerala directed the trial court to dispose of the underlying suit within six months without examining the merits of the revision.
Directed the trial court to dispose of the original suit within six months; revision petition disposed of.
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 ALEXANDER THOMAS
MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938
CRP.No.217 of 2016 (C)
AGAINST THE JUDGMENT IN CMA 35/2015 of ADDL.DISTRICT COURT-I, MAVELIKKARA DATED 16-02-2016
AGAINST THE ORDER IN I.A.NO.949/2015 IN OS 201/2015 of MUNSIFF COURT, HARIPAD DATED 10.8.2015
REVISION PETITIONERS/APPELLANTS:
BY ADVS.SRI.M.R.ANISON
SMT.K.P.GEETHA MANI SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA
RESPONDENTS/RESPONDENTS:
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
C.R.P.No.217 Of 2016
Dated this the 6th day of June, 2016.
O R D E R
The aforestated Civil Revision Petition has been filed by the petitioner herein with the prayer to set aside the impugned order dated 10.8.2015 of the Munsiff Court, Haripad, dismissing I.A.No. 949/2015 filed by the petitioner herein/plaintiff in O.S.No.201/2015, as affirmed by the impugned judgment dated 16.2.2016 of the appellate court concerned (Additional District Court-I, Mavelikkara), in C.M.A.No.35/2015.
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C.R.P.No.217 Of 2016
the matter, etc. Accordingly, the Munsiff Court, Haripad, as per letter No.301/16 dated 30.5.2016 has informed the Registry of this Court that after the dismissal of the C.M.A by the appellate court concerned, the present Original Suit, O.S.No.201/2015 is now posted to 15.7.2016 for settlement of issues and that all earnest efforts will be taken to dispose of the suit within a period of six months.
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C.R.P.No.217 Of 2016
clear that this Court has not entered into the merits of the matter and the disposal of this revision petition is without prejudice to the contentions on either side. The trial court will ensure expeditious
disposal of the suit in the manner as suggested in the report of the said court.
With these observations and directions, this Civil Revision Petition stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-
1 issue framed by the court
Whether the impugned order dismissing the interim application should be set aside to ensure disposal of the suit within a specific timeframe.
Mahakavi Kumaranasan Smaraka Sangham
Binu Thachadi
Ravi
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
