The High Court exercised supervisory jurisdiction under Article 227 of the Constitution of India to direct the Sub Court, Kollam to dispose of two interlocutory applications for amendment within one week, without examining the merits of the main suit.
Direction to the Sub Court, Kollam to dispose of the two interlocutory applications within one week.
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 ALEXANDER THOMAS
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
OP(C).No. 2340 of 2015 (O)
(I.A.NOS.1967/2015 & 1957/2015 IN O.S.NO.50/1992 OF SUB COURT, KOLLAM)
PETITIONER:
SALMA BEEVI, AGED 71 YEARS W/O.NIZAMUDEEN, VELIYIL HOUSE, KANNIMELCHERY KILIKOLLOOR VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.B.KRISHNA MANI
RESPONDENT:
SHERIFA BEEVI
SHERYLAND, KARICODU CHERRY, KILIKOLLOOR VILLAGE KOLLAM DISTRICT-691 004.
R1 BY ADV. SRI.LEO GEORGE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2340 of 2015 (O)
APPENDIX
PETITIONER'S EXHIBITS:
P1 : TRUE COPY OF THE PLAINT OS.NO.50/1992 BEFORE THE SUB COURT, KOLLAM DT 29-1-92.
P2 : TRUE COPY OF THE APPLICATION IA 1967/2015 IN OS 50/1992 BEFORE THE SUB COURT, KOLLAM
P3 : TRUE COPY OF THE APPLICATION IA 1957/2015 IN OS 50/1992 BEFORE THE SUB COURT, KOLLAM.
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE.
ALEXANDER THOMAS, J.
OP(C).No.2340 Of 2015
Dated this the 4th day of January, 2016.
J U D G M E N T
The prayer in this Original Petition filed under Article 227 of
the Constitution of India seeking invocation of this Court's powers of visitorial superintendence conferred as per that provision is for a direction or order to direct the learned Sub Court, Kollam to dispose of Exts.P1 & P2 i.e., I.A.Nos.1967 & 1957 of 2015 filed in O.S.No.50/1992.
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O.P(C).No.2340 Of 2015
applications to amend the plaint and to amend the replication which is posted for counter and hearing on 5.10.2015 and that at least a week's time is required to dispose of I.A.Nos.1967 & 1957 of 2015 filed in O.S.No.50/1992.
the petitioner and Sri.Leo George, learned counsel appearing for the respondent.
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O.P(C).No.2340 Of 2015
sides, within a period of one week from the date of receipt of a certified copy of this judgment. It is made clear that this Court has not entered into the merits of the controversy and that is a matter
which is solely within the province of the court below concerned.
With these observations and directions, this Original Petition stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-
2 issues framed by the court
Whether the Sub Court, Kollam can dispose of the pending applications for amendment of plaint and replication within a week.
What is the appropriate time frame for the lower court to dispose of the interlocutory applications.
2 provisions across 1 enactments
Salma Beevi
Sherifa Beevi
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
