Senior citizen petitioner sought speedy disposal of a pending civil suit under Article 227. The Court accepted the lower court's report and directed expedited disposal of the suit within eight months.
Direction to Munsiff Court to dispose of O.S.No.438/2014 within eight months from 04.08.2016.
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 K.RAMAKRISHNAN
FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938
OP(C).No. 1178 of 2016 (O)
OS 438/2014 OF MUNSIFF COURT, PARAPPANANGADI
PETITIONER(S):
P.V.MOIDEENKUTTY HAJI, AGED 76, S/O.ALIKKUTTY HAJI, PEEVEE MANSIL, A.C.BAZAR, MUNNIYOOR AMSOM DESOM, P.O.MUNNAYIROOR, THIROORANGADI THALUK.
BY ADVS.SMT.N.DEEPA
SRI.K.R.ARUN KRISHNAN
RESPONDENT(S):
MOHAMMED KOYA, AGED 38, S/O.KASMI, PARAMBIL HOUSE, MUNNIYOOR AMSOM DESOM, P.O.MUNNAYIROOR, THIROORANGADI THALUK. PIN-676 101.
BY ADV. SRI.P.K.MOHAMED JAMEEL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
OP(C).No. 1178 of 2016 (O) ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
K. Ramakrishnan, J.
============================== O.P.(Civil)No.1178 of 2016
============================== Dated this, the 12th day of August 2016.
J U D G M E N T
1.This is a petition filed by the petitioner, seeking speedy disposal of O.S.No.438/2014 on the file of the Munsiff
Court, Parappanangadi, under Article 227 of Constitution of India.
2.It is alleged in the petition that, petitioner is the plaintiff in Ext.P1 suit O.S.No.438/2014, on the file of the Munsiff
Court, Parappanangadi, which was filed for a decree for mandatory injunction, directing the respondent to vacate the shop room which he said to be in possession on the basis of a licence agreement Ext.P2. Written statement was filed evidenced by Ext.P3. It is being adjourned without any reason. He is aged 76 years and suffering from old age ailments. So, he has no other remedy except to approach this Court seeking the following reliefs:
O.P.(Civil)No.1178 of 2016 : 2 :
to dispose off O S No.438 of 2014 pending before the said court at an earlier date, at any rate within stipulated time limits to ensure speedy justice in the peculiar facts and circumstances of the case, in the interest of justice.
ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”
3.On the basis of the allegations made, this Court has called for a report from the court below regarding the present stage and time required for disposal of the case and the learned Munsiff has sent a report, which reads as follows:
“The original suit No.438 of 2014 on the file of this court is a suit for mandatory injunction and eviction. The suit was posted on 2.09.2016 for framing of issues. After getting the OM cited, it is advanced and posted for hearing on issues on 4.08.2016. Opportunity is to be given to the parties to take steps. In the circumstance, I humbly request that at least eight months may be given for the disposal of the suit.”
4.Heard the counsel for the petitioner Smt.Deepa.N and Shri.P.K.Mohammed Jameel, counsel appearing for the respondent.
O.P.(Civil)No.1178 of 2016 : 3 :
5.It is seen from the report that, the case was originally posted to 02.09.2016 for framing issues. Thereafter, after getting the official memorandum seeking a report, the case was advanced to 04.08.2016 for framing issues and the case will be disposed of within eight months.
6.Considering the fact that the petitioner is aged 76 years and the suit was filed in the year 2014, being a senior citizen, some indulgence will have to be shown in the case of senior citizens in disposal of their cases, this Court feels that the petition can be disposed of after accepting the report of the court below. So, the petition is disposed of as follows:
The Munsiff, Parappanangadi is directed to expedite disposal of the suit O.S.No.438/2014 as expeditiously as possible at any rate within eight months from 04.08.2016 on which date the court below had suo motu advanced for framing issues.
With the above direction and observation, the petition is disposed of.
Registry is directed to communicate this judgment to
O.P.(Civil)No.1178 of 2016 : 4 :
the court below at the earliest.
Sd/-
K.Ramakrishnan, Judge.
Bb/16/08/2016
[True copy]
P.A to Judge
3 issues framed by the court
Whether the petitioner, a senior citizen, is entitled to a direction for speedy disposal of a pending civil suit.
Whether to direct the lower court to dispose of the suit within a specified time frame.
Whether to grant additional relief considering the age and ailment of the petitioner.
2 provisions across 1 enactments
P.V. Moideenkutty Haji
Mohammed Koya
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
