A petition under Article 227 sought early disposal of a 2010 boundary suit stalled in the Munsiff Court due to irregular sittings. The High Court, relying on the lower court's report, directed disposal within six months.
Directed the Munsiff Court, Pathanamthitta to dispose of O.S No.460/2010 within six months.
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
TUESDAY, THE 30TH DAY OF AUGUST 2016/20168TH BHADRA, 1938
OP(C).No. 2043 of 2016 (O)
O.S.NO. 460/2010 OF THE MUNSIFF COURT, PATHANAMTHITTA
-----------------
PETITIONER(S)/PLAINTIFF :
C.N.GOPALAKRISHNAN NAIR,
AGED 67 YEARS, EX-SERVICEMAN, S/O. NARAYANA KURUP, RESIDING AT CHAKKASSERIL HOUSE, KAIPPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.CIBI THOMAS
RESPONDENT(S) :
1. ARAVIND,
AGED 41 YEARS, S/O. BALAKRISHNA PILLAI, RESIDING AT ANANDA BHAVANAM, (CHAKKASSERIL), KAIPPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT-689 641.
2. ANAND, AGED 38 YEARS, S/O. BALAKRISHNA PILLAI, RESIDING AT ANANDA BHAVANAM (CHAKKASSERIL), KAIPPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT-689 641.
3. SHYAMALAKUMARI, W/O. BALAKRISHNA PILLAI, RESIDING AT ANANDA BHAVANAM (CHAKKASSERIL), KAIPPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT-689 641.
4. AKHIL, S/O. BALAKRISHNA PILLAI, RESIDING AT ANANDA BHAVANAM (CHAKKASSERIL), KAIPPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT-689 641.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP(C).No. 2043 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K.RAMAKRISHNAN, J.
========================
O.P(C) No.2043 of 2016
========================== Dated this the 30th day of August, 2016
JUDGMENT
This is a petition filed by the petitioner seeking early disposal of O.S No.460 of 2010 of Munsiff Court, Pathanamthitta under Article 227 of the Constitution of India.
O.P.(C) No.2043 of 2016
Page numbers
“Most respectfully submitted that as per order of Hon'ble High Court of Kerala, I am holding full additional charge of Munsiff's Court, Pathanamthitta and is conducting three days sitting in a week. I was conducting sitting at Munsiff's Court, Pathanamthitta on 29-8-2016 and the mail, requiring the report received at Munsiff's Court, Ranny came to my knowledge in the evening alone. There is no willful omission from my part in timely responding to the direction.
It is respectfully submitted that case is now stands posted for objection to commission report
O.P.(C) No.2043 of 2016
Page numbers
and also for pre-trial steps. As I am full additional charge of Munsiff's Court, Pathanamthitta and conducting three days sitting alone, I am requesting six months time for disposing O.S No.460/2010 pending before Munsiff's Court, Pathanamthitta. Expecting favourable orders.”
O.P.(C) No.2043 of 2016
Page numbers
So, the petition is disposed of as follows:
The Munsiff, Pathanamthitta is directed to dispose of O.S No.460 of 2010 pending before that court as expeditiously as
possible, at any rate, within six months from the date of receipt of a copy of this judgment.
Registry is directed to communicate this judgment to the concerned court immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE
vdv/02/09/16
2 issues framed by the court
Whether the High Court should direct the Munsiff Court to dispose of a long-pending boundary suit expeditiously under Article 227.
What time frame should be set for the disposal of the suit pending in the Munsiff Court, Pathanamthitta.
1 provisions across 1 enactments
C.N.GOPALAKRISHNAN NAIR
ARAVIND
ANAND
SHYAMALAKUMARI
AKHIL
K.RAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
