The High Court disposed of a writ petition seeking early disposal of a suit filed by an 88-year-old petitioner challenging a settlement deed. The court directed the lower court to expedite disposal and secure the expert report within three months.
Learned Munsiff, Adoor directed to expedite disposal of the suit within three months from receipt of FSL report.
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 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938
OP(C).No. 1724 of 2016 (O)
OS 291/2015 of MUSNIFF COURT,ADOOR
------------
PETITIONER:
M. GEORGE,
AMBIYIL PADINJATTATHIL,PARAKODE MURI, ADOOR VILLAGE,PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.SUBHASH CYRIAC SRI.BOBBYMATHEW KOOTHATTUKULAM
RESPONDENTS:
MATHEW AP. GEORGE @ MATHEW, AMBIYIL PANDIJATTATHIL,PARAKODE MURI, ADOOR VILLAGE,PATHANAMTHITTA DISTRICT-689645.PRESENTLY RESIDING 806,LONG SHORE AVENUE, PHILADEPHIA,P A 19111/44/23.UNITED STATES OF AMERICA.
BY ADVS. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
OP(C).No. 1724 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.291/15 ON THE FILE OF MUNSIFF COURT,ADOOR. EXHIBIT P2 TRUE COPY OF ADVANCE PETITION IN I.A.749/16 IN O.S.291/2015.
RESPONDENT(S)' EXHIBITS
----------------------EXHIBIT R(A) COPY OF THE WRITTEN STTEMENT FILED BY THE RESPONDENT IN EXHIBIT P-1 SUIT. EXHIBIT R(B) COPY OF O.S.NO.630/2015 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, ADOOR. EXHIBIT R(C) COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDENT IN THE ABOVE SUIT.
/TRUE COPY/
P.A.TO JUDGE
K.V.
K.RAMAKRISHNAN, J.
O.P.(C)No.1724 of 2016
Dated this the 29th day of September, 2016
JUDGMENT
The present petition has been filed by the petitioner seeking early disposal of O.S.291/2015 pending before the Munsiff Court, Adoor under Article 227 of the Constitution of India.
O.P.(C)No.1724 of 2016
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above said settlement deed and also for injunction. The respondents herein filed an application for sending the documents for expert opinion. Though that application was allowed, no steps was taken by the respondent and the case is being prolonged unnecessarily. So he has no other option, except to approach this court, seeking the following reliefs:
i. Direct the learned Munsiff, Adoor to hear and dispose of Ext.P1 at an early date,
ii. Such other reliefs as just and necessary in the circumstances of the case.
“With reference to the above, I may most humbly and respectfully submit that O.S.291/2015 was posted for FSL report to 21.07.2016. In the meantime plaintiff has filed I.A.749/2016 and I.A.780/2016 for advancing the case and for calling the FSL report and to include the case in the list for trial immediately and the case was advanced on 8.6.2016 and reminder was issued to the FSL for forwarding the report at the earliest before this court and to take steps as ordered on 21.3.2016 as steps were not taken till that date for forwarding the specimen signature and disputed documents to the FSL and now also the steps were not seen taken till date and at present the case stands posted to 21.07.2016 for FSL report.”
O.P.(C)No.1724 of 2016
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Learned Munsiff, Adoor is directed to expedite disposal of the suit O.S.291/2015 pending before that court as expeditiously as possible, at any rate within three months from the date of receipt of the F.S.L.
O.P.(C)No.1724 of 2016
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report. The court below is also directed to take earnest attempt to get the report from the F.S.L., Thiruvananthapuram in a time bound manner by issuing direction to the concerned authorities to send the report immediately.
With the above direction and observation the petition is disposed
of.
Registry is directed to communicate this judgment to the concerned court, immediately.
Sd/-
(K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the petitioner suffering from ill health is entitled to early disposal of the pending suit.
1 provisions across 1 enactments
M. George
Mathew A.P. George @ Mathew
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
