Disposed

Muvattupuzha Urban Co-Operative Bank Ltd. NO.556 v. K.M.Makkar

Kerala HC7 Oct 2016OP(C)/2312/2016

Case brief

AI extract

What is this about?

The High Court disposed of a petition filed under Article 227 of the Constitution of India seeking early disposal of a pending eviction suit. Accepting the subordinate court's report, the Court directed expedited disposal within six months.

What did the court decide?

Directed the Munsiff, Muvattupuzha to expedite disposal of the pending suit within six months from the date of receipt of the judgment.

Muvattupuzha Urban Co-Operative Bank Ltd. NO.556 Vs K.M.Makkar — Kerala HC (2016) — LawSathi Research

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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. 2312 of 2016 (O)

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OS 641/2014 OF MUNSIFF COURT, MUVATTUPUZHA

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PETITIONER(S):

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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. K.M.MAKKAR,

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AGED 64 YEARS, S/O. MUHAMMED, PANACKAL HOUSE, VAZHAPPILLY KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, PIN-686 103.

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2. P.M.ISMAIL, AGED 66 YEARS, S/O. MUHAMMED, PANACKAL HOUSE, VAZHAPPILLY KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK-686 103.

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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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OP(C).No. 2312 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	COPY OF THE COMMUNICATION DATED 17.6.2013 FROM THE RESERVE BANK OF INDIA TO THE GENERAL MANAGER OF THE PETITIONER.
EXHIBIT P2	COPY OF THE COMMUNICATION DATED 3.6.2014 FROM THE RESERVE BANK OF INDIA TO THE GENERAL MANAGER OF THE PETITIONER.
EXHIBIT P3	COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS VIDE NO.242, DATED 24.3.2015.
EXHIBIT P4	COPY OF THE COMMUNICATION FROM THE RESERVE BANK OF INDIA DATED 21.4.2015 TO THE GENERAL MANAGER OF THE PETITIONER.
EXHIBIT P5	COPY OF THE PLAINT IN OS NO.641 OF 2014.

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RESPONDENT(S)' EXHIBITS

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NIL. / TRUE COPY /

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P.S. TO JUDGE

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K. RAMAKRISHNAN, J.

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O.P.(C).No.2312 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.641/2014 pending before Munsiff Court, Muvattupuzah 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.641/2014 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.641/2014 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.41/14 was filed by Muvattupuzha Urban Co-

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O.P.(C).No.2312 of 2016

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operative Bank Ltd on 28.11.14 through Adv. Joshy Joseph for a decree for eviction and to recover vacant possession of a room.

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On 20.12.14, defendants appeared before the court through Adv. A. Balagopalan and the case was posted to 18.3.15 for written statement. On 13.7.15, defendants were set exparte and the case was posted to exparte evidence to 11.8.15.

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On 11.8.15 and 9.10.15 the plaintiff was not ready for exparte evidence and prayed for exparte evidence and the court adjourned the case for evidence to 15.11.15. On 11.11.15 the defendants filed petition to set aside exparte order and also to accept the written statement. On 16.11.15 this court allowed the above petitions and the case was posted for issues on 29.6.16. On 29.8.16 the case was further adjourned for issues to 19.8.17.

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As the case is of the year 2014 and not included in the target of 2016-17 the case as posted for issues to 29.8.17.

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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. Moreover, every day I am spending 3 hours for the administrative works and other urgent works of JFCM-1.

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

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Heard Sri. Sajeev Kumar K. Gopal,learned counsel

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O.P.(C).No.2312 of 2016 3

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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 petitioner for eviction of the respondents from the building. Since it is a matter of 2014, 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, Muvattupusha and also conducting two days sitting in a week in that court. The officer will be getting only lessor days to regular work in this court on account of the above fact. 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.641/2014 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

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O.P.(C).No.2312 of 2016

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report.

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Registry is directed to communicate a copy of this judgment

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to the court below at the earliest.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Muvattupuzha Urban Co-Operative Bank Ltd. NO.556 v. K.M.Makkar

Case brief

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Muvattupuzha Urban Co-Operative Bank Ltd. NO.556 v. K.M.Makkar

Case brief

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