Disposed

Sadasivan Pillai v. Church of South India Trust Association

Kerala HC10 Nov 2016OP(C)/2503/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, on a petition for speedy disposal of a civil suit involving an 85-year-old petitioner, considered the court below's report on delay and directed the Munsiff Court to dispose of the suit within six months. Relief was granted without detailed orders.

What did the court decide?

Direction to the Munsiff Court to dispose of O.S.No.310 of 2014 within six months from the date of receipt of the judgment copy.

Sadasivan Pillai Vs Church of South India… — Civil Procedure and Limitation | 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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THURSDAY, THE 10TH DAY OF NOVEMBER 2016/19TH KARTHIKA, 1938

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OP(C).No. 2503 of 2016 (O)

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OS 310/2014 OF MUNSIFF COURT, SASTHAMCOTTA.

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PETITIONER/2ND DEFENDANT:

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SADASIVAN PILLAI, AGED 85, S/O.KUTTAN PILLAI, KOZHAIKKATTU VEETTIL, MANAKKARA MURIYIL, SASTHAMCOTTA VILLAGE, NOW RESIDING AT 'DEEPANJALI', MANAKKARA, SASTHAMKOTTA P.O., KOLLAM.

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BY ADV. SRI.K.SUBASH CHANDRA BOSE

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RESPONDENTS/PLAINTIFFS:

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1. CHURCH OF SOUTH INDIA TRUST ASSOCIATION, DAMOSIS OF MADHYA KERALA, KOTTAYAM, REPRESENTED BY REV. DR.OOMMEN GEORGE, SECRETARY OF CSI MADHYA KERALA MAHA EDAVAKA, KOTTAYAM-686001.

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2. REV. DR.OOMMEN GEORGE, SECRETARY OF CSI MADHYA KERALA MAHA EDAVAKA, KOTTAYAM-686001.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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OP(C).No. 2503 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE PLAINT IN O.S.NO.310 OF 2014 BEFORE MUNSIFF'S COURT, SASTHAMCOTTA. EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.S.NO.310 OF 2014 BEFORE MUNSIFF'S COURT, SASTHAMCOTTA. RESPONDENT(S)' EXHIBITS: NIL ----------------------//TRUE COPY// P.S. TO JUDGE

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mbr/

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K.RAMAKRISHNAN, J.

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===============================

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O.P.(C). No.2503 of 2016

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========================================

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Dated this the 10^th day of November, 2016

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JUDGMENT

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This is an application filed for speedy disposal of O.S.No.310 of 2014 of Munsiff's Court,Sasthamcotta under Article 227 of the Constitution of India.

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It is alleged in the petition that the petitioner is the 2^nd defendant in Ext.P1 suit. O.S.No.310 of 2014 filed by the respondents for prohibitory injunction and also creating a new way through the property. The petitioner entered appearance and filed Ext.P2 written statement. He is aged 85 years. The case is being adjourned and he wants interference of this Court for speedy disposal of his case. Hence this petition.

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Considering the nature of relief claimed,this Court has called for a report from the court below regarding the present stage and time required for disposal of the case. The Munsiff/Magistrate had sent a report which reads as follows:-

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O.P.(C). No.2503 of 2016 2

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“With reference to the above, I may submit that, this Court had received a letter from the Hon'ble High court of Kerala seeking a report of the present stage of OS.310/2014 pending before this Court. On verification of the case records it is seen that the defendants had filed written statements. Commission report is also filed by the Commissioner. The case was posted for the appearance of both parties for considering S.89 of Code of Civil Procedure on 18.10.2016. On the date of posting there was no sitting. Further 2014 cases are not included in the target list and also the parties had not submitted for any urgency, hence the suit was notified to 31.01.2017. Since I am holding additional charge of Judicial First Class Magistrate (Temporary) Court there are only two days sitting in a week. I humbly request to consider the above submissions and grant me six months time to deposit the suit.”

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4. Heard Shri. Subhashchandra Bose, learned counsel for the petitioner.

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It is mentioned in the report that the present officer is holding additional charge of Judicial First Class Magistrate's (Temporary) court and he is conducting two days sitting in a week in that court and expressed his willingness to dispose of the case. It is a case of senior citizen, who is aged 85 years. So the petition is disposed of as follows:-

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Munsiff/Magistrate is directed to dispose of O.S.No.310 of 2014 pending before Munsiff's Court, Sasthamcotta as expeditiously as possible within six months from the date of receipt of a copy of this judgment.

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O.P.(C). No.2503 of 2016 3

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Registry is directed to communicate this judgment to the

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concerned court below at the earliest.

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Sd/- K.RAMAKRISHNAN, JUDGE

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SKV

Sadasivan Pillai v. Church of South India Trust Association

Case brief

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Sadasivan Pillai v. Church of South India Trust Association

Case brief

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