Allowed

Muvattupuzha Urban Co-Operative Bank Limited No 556 v. Smt. Santha Cherian

Kerala HC7 Oct 2016OP(C)/2311/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam, upon petition by Muvattupuzha Urban Co-operative Bank Ltd. invoking Article 227 for speedy disposal of an eviction suit, accepted the Munsiff Court's report pledging six months for disposal and directed the lower court to stick to that undertaking.

What did the court decide?

The Munsiff, Muvattupuzha was directed to expedite disposal of O.S. No. 232/2015 and ensure it is disposed of within six months from the date of receipt of the copy of this judgment.

Muvattupuzha Urban Co-Operative Bank Limited No 556 Vs… — Landlord and Tenant | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938

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OP(C).No. 2311 of 2016 (O)

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--------------------------OS.NO. 232/2015 OF MUNSIFF COURT, MUVATTUPUZHA

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PETITIONER :

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MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD. NO 556, MUVATTUPUZHA, REPRESENTED BY ITS GENERAL MANAGER.

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BY ADV. SRI.SAJEEV KUMAR K.GOPAL

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RESPONDENT(S):

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1. SMT. SANTHA CHERIAN, W/O. LATE K.J CHERIAN, AGED 63 YEARS, KULANGARA HOUSE, KAVUMPADY ROAD,

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MUVATTUPUZHA, PIN- 686 661.

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2. BABU CHERIAN, S/O. LATE K.J CHERIAN., AGED 44 YEARS, KULANGARA HOUSE, KAVUMPADY ROAD,

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MUVATTUPUZHA, PIN- 686 661.

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3. SEENU THAMPI,

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W/O. THAMPI VARGHESE, (D/O. LATE K.J CHERIAN), AGED 43 YEARS, PUTHENPURACKAL HOUSE, KADAVANTHRA, GANDHI NAGAR, HIG AVENUE- PIN- 682 020.

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4. SHEEBA MOTTI, D/O. LATE K.J CHERIAN, PUTHUKUNNATHU HOUSE, PANAMPILLY NAGAR, S.A ROAD, NEAR SOUTH OVER BRIDGE, COCHIN- 36.

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5. SABITHA PAUL, D/O. LATE K.J CHERIAN, AGED 39 YEARS, ELOORCHITTETHUMARIYIL HOUSE, KINGINIMATTAM P.O., KOLENCHERY, PIN- 682 311.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 2311 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT. P1 TRUE COPY OF THE COMMUNICATION DATED 17.06.2013 FROM THE RESERVE BANK OF INDIA TO THE GENERAL MANAGER OF THE PETITIONER.

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EXT. P2 TRUE COPY OF THE COMMUNICATION DATED 03.06.2014 FROM THE RESERVE BANK OF INDIA TO THE GENERAL MANAGER OF THE PETITIONER.

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EXT. P3 TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS VIDE NO. 242 DATED 24.03.2015.

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EXT. P4 TRUE COPY OF THE COMMUNICATION FROM THE RESERVE BANK OF INDIA DATED 21.04.2015 TO THE GENERAL MANAGER OF THE PETITIONER.

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EXT. P5 TRUE COPY OF THE PLAINT IN O.S. NO. 232 OF 2015.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

K. RAMAKRISHNAN, J.

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O.P.(C).No.2311 of 2016

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....................................................... Dated this the 7^th day of October, 2016.

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JUDGMENT

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This petition is filed by the petitioner seeking early disposal of OS.No.232/2015 pending before Munsiff Court, Muvattupuzha under Article 227 of the Constitution of India.

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It is alleged in the petition that the petitioner filed Ext.P5 suit as OS.No.232/2015 for eviction of the respondents from the property. They have received Ext.P2 to Ext.P4 directions from the Reserve Bank of India asking them to inform the progress and the steps taken to evict the tenants from the property. Original lessee died and the respondents are his legal heirs. So the petitioner has no other remedy except to approach this court seeking the following relief:

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“Render appropriate directions to the Munsiff court, Muvattupuzha to dispose of OS.No.232/2015 pending before that court as expeditiously as possible or at any rate within a period of three months.”

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Considering the nature of relief claimed, this court felt that

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the petition can be disposed of after getting a report from the concerned court. Accordingly a report has been called for and the Munsiff, Muvattupuzha has sent a report which reads as follows:

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“OS.No.232/15 was filed by Muvattupuzha Urban Co-

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O.P.(C).No.2311 of 2016 2

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operative Bank Ltd on 10.4.15 through Adv. Joshy Joseph for a decree for eviction and to recover vacant possession of a room.

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On 11.6.2015 defendants appeared before the court through Adv.V.V. Thomas and the case was posted to 12.9.15 for written statement. On 14.9.15 defendants filed written statement and the case posted for issues to 25.9.16. On 25.9.16 case posted for issues to 25.9.16.

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As the case is of the year 2015 and not included in the target of 2016-17 the case was posted for issues to 25.9.17. A total of 2267 cases are pending before this court, as I have the full additional charge of JFCM-I, Muvattupuzha, with two days sitting in a week. More over, every day I am spending 3 hours for the administrative works and other urgent works of JFCM1.

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In these circumstances six months time may be granted for disposal of the case after the completion of the pretrial steps.”

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Heard Sri. Sajeev Kumar K. Gopal,learned counsel appearing for the petitioner, who argued in support of his case. The grievance of the petitioner is that the suit is not disposed of by the court below in spite of the fact that the pleadings are complete. The Reserve Bank of India is pressurizing the petitioner bank for evicting the tenants, who are in unauthorized occupation and if steps are not taken, action will be taken against them. That prompted the petitioner to file this petition.

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It is an admitted fact that the suit was filed by the

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O.P.(C).No.2311 of 2016 3

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petitioner for eviction of the respondents from the building. Since it is a matter of 2015, there is every possibility of not being taken up in the near future. The report shows that the officer is in charge of Judicial First Class Magistrate Court-I, Muvattupuzha and also conducting two days sitting in a week in that court. The officer will be getting only lessor days of working hours in the regular court. However the officer has expressed his willingness to expedite the case within six months. So this court feels that the report can be accepted and the petition can be disposed of on the basis of the report. So the petition is disposed of as follows:

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The Munsiff, Muvattupuzha is directed to expedite the disposal of OS.No.232/2015 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 as undertaken in the report.

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Registry is directed to communicate a copy of this judgment to the court below at the earliest.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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O.P.(C).No.2311 of 2016 4

Muvattupuzha Urban Co-Operative Bank Limited No 556 v. Smt. Santha Cherian

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Muvattupuzha Urban Co-Operative Bank Limited No 556 v. Smt. Santha Cherian

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