Under Article 226, the High Court directed the Principal Sub Judge, Thrissur, to expedite disposal of jointly tried partition suits pending since 2013, granting one month to conclude the same.
Directed Principal Sub Judge Thrissur to dispose of O.S. Nos. 1015/2005 and 817/2008 within one month.
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
THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938
OP(C).No. 1455 of 2016 ()
-------------------------OS 1015/2005 of PRL. SUB COURT, THRISSUR
PETITIONER(S)/PLAINTIFFS::
1. JATHAVEDAN UNNI @ JATHAVEDAN NAMBOOTHIRI
AGED 60 YEARS,S/O.DAMODARAN ADITHIRI,
RESIDING AT VADAKKEDATH THAMARAPPILLY MANAKKAL, ARIMBOOR P.O., VELUTHUR VILLAGE,
THRISSUR DISTRICT.
2. SREEJITH, AGED 31 YEARS,
S/O.JATHAVEDAN UNNI @ JATHAVEDAN NAMBOOTHIRI, RESIDING AT VADAKKEDATH THAMARAPPILLY MANAKKAL, ARIMBOOR P.O., VELUTHUR VILLAGE, THRISSUR DISTRICT.
BY ADVS.SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.VINAYA V.NAIR
RESPONDENT(S):
1. HARI @ DAMODARAN NAMBOOTHIRI S/O.NARAYANAN NAMBOOTHRI, RESIDING AT VADAKKEDATH THAMARAPPILLY MANA, MANALOOR, THRISSUR 680 617.
2. DAMODARAN NAMBOOTHIRI
S/O.KRISHNAN NAMBOOTHIRI RESIDING AT VADAKKEDATH THAMARAPPILLY MANA, MANALOOR, THRISSUR 680 617.
3. KRISHNAN NAMBOOTHIRI
S/O.KRISHNAN NAMBOOTHRI, RESIDING AT VADAKKEDATH THAMARAPPILLY MANA, MANALOOR, THRISSUR 680 617.
OP(C).No. 1455 of 2016 ()
4. GOURI ANTHARJANAM
W/O.LATE NARAYANAN NAMBOTHIRI, RESIDING AT VADAKKEDATH THAMARAPPILLY MANA, MANALOOR, THRISSUR 680 617.
5. PREETHA
D/O.LATE VADAKKEDATH THAMARAPPILLY MANAKKAL NARAYANAN NAMBOOTHRI, W/O.CHERUKKULATH MANAKKAL KRISHNAN BHATTATHIRIPPAD, CHAZHOOR P.O., THRISSUR 680 571.
6. SMITHA
D/O.LATE VADAKKEDATH THAMARAPPILLY, MANAKKAL NARAYANAN NAMBOOTHRI W/O.PATTALLOOR MANAKKAL MADHU, MANCHERY, MALAPPURAM DISTRICT - 676 505.
7. MAMATHA
D/O.LATE VADAKKEDATH THAMARAPPILLY MANAKKAL NARAYANAN NAMBOOTHIRI, W/O. PAZHAYIDATH MANAKKAL, SANJAY, CHERPU, THRISSUR 680 561.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 1455 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
P1: TRUE COPY OF LIST SHOWING THE POSTING DATES IN OS 1015/2005 ON THE FILE OF PRINCIPAL SUB COURT, THRISSUR. RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K.RAMAKRISHNAN, J.
========================
O.P(C) No.1455 of 2016
========================== Dated this the 18th day of August, 2016
JUDGMENT
Unfortunate plaintiffs in O.S No.1015 of 2005 on the file of the Principal Sub Court, Thrissur have filed this petition seeking a direction to be given to the court below for speedy disposal of the case under Article 227 of the Constitution of India.
O.P(C) No.1455 of 2016
Page numbers
judgment to 28.02.2013 but the judgment was not pronounced so far. Still the case is pending. So the petitioners have no other
remedy except approach this Court seeking the following reliefs:
that the petition can be disposed of after getting a report from the court below and hearing the counsel for petitioners and dispensing with notice to the respondents. Accordingly, a report has been called for and the Principal Sub Judge, Thrissur has sent a report dated 17.08.2016, which reads as follows:
“I took charge as Principal Sub Judge on 23.5.2016. On perusal of the proceeding it is revealed that the entire evidence in this case has been closed in the year 2013. After I took charge the case has been called on 25.5.2016. On that day both the counsels not ready to argue the matter and defendants 1 to 4 has no representation. The readable copy of the depositions are also not
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taken. So the case has been ordered to be listed to 13.7.2016. But due to a mistake on the part of the bench clerk the case has not included in the list of 13.7.2016 and posted the case to 1.8.2016 due to no sitting on that day. I have directed to issue notice to both the counsels to appear in the court on 20.8.2016 after suo-moto advancing the case in view of the reference cited above of the Hon'ble High Court. So I humbly requested a month's time to dispose of the case.”
Sri.Santhosh Poduval, counsel appearing for the petitioners and perused the report.
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taken to dispose of the case within one month time. Accepting the report of the presiding officer, this Court feels that the petition can be disposed of as follows:
The Principal Sub Judge, Thrissur is directed to expedite disposal of O.S Nos.1015 of 2005 and 817 of 2008 which were tried jointly as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Registry is directed to communicate this judgment to the court below at the earliest by fax so that the disposal of the case can be expedited as it is more than ten year old case.
With the above direction and observation this petition is disposed of.
Sd/-
K.RAMAKRISHNAN, JUDGE
vdv/20/08/16
1 issue framed by the court
Whether to direct the court below to dispose of pending partition suits which have had evidence closed since 2013 within a time limit.
JATHAVEDAN UNNI S/O DAMODARAN ADITHIRI
SREEJITH S/O JATHAVEDAN UNNI
HARI @ DAMODARAN NAMBOOTHIRI
DAMODARAN NAMBOOTHIRI
KRISHNAN NAMBOOTHIRI
GOURI ANTHARJANAM
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
