Petitioner sought speedy disposal of two old suits (1991, 1992) pending in Munsiff Court, Paravur under Article 227. The High Court directed the lower court to expedite disposal within 10 months citing Vision 2020 policy for over-five-year-old cases.
Directed Munsiff Court, Paravur to dispose of OS.No.188/1992 and OS.No.384/1991 within 10 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
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
OP(C).No. 2504 of 2016 (O)
OS 188/1992 of MUNSIFF COURT, NORTH PARAVUR.
PETITIONER/PLAINTIFF:
SATHYADASAN, AGED 77 YEARS, S/O.NANU, KALIYANTAZHIKATHUVEETTIL, KOTTAPPURAM VILLAGE, PARAVOOR.
BY ADV. SRI.K.SUBASH CHANDRA BOSE
RESPONDENT(S)/DEFENDANTS:
1. SARASWATHY, D/O.DEVAKI VILAYIL VEETTIL, KONGALCHERRIYIL, PARAVOOR VILLAGE -691 301.
2. RADHA, W/O.DAMODHARAN, AGED 58 YEARS, VILAYIL KOCHUVEETTIL, KONGALCHERRIYIL, PARAVOOR VILLAGE, KOLLAM TALUK -691 301.
3. SHEELA, D/O.RADHA, AGED 38 YEARS, VILAYIL KOCHUVEETTIL, KONGALCHERRIYIL, PARAVOOR VILLAGE, KOLLAM TALUK-691 301.
4. BINDHU, D/O.RADHA AGED 35 YEARS, VILAYIL KOCHUVEETTIL, KONGALCHERRIYIL, PARAVOOR VILLAGE, KOLLAM TALUK-691 301.
5. SAJEEV, S/O.DAMODHARAN AGED 33 YEARS, VILAYIL KOCHUVEETTIL, KONGALCHERRIYIL, PARAVOOR VILLAGE, KOLLAM TALUK -691 301.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No. 2504 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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K. RAMAKRISHNAN, J.
....................................... O.P.(C).No.2504 of 2016
Dated this the 24th day of November, 2016.
JUDGMENT
This is a petition filed by the petitioner seeking speedy disposal of OS.No.188/1992 and OS.No.384/1991 on the file of the Munsiff Court, Paravur under Article 227 of the Constitution of India.
O.P.(C).No.2504 of 2016 2
resurvey sub division in respect of the disputed items of properties and for declaration of title and possession in the name of Devawom and for mandatory injunction directing defendants 1 to 5 to include re-survey plot in the name of Devaswom. The trial court dismissed the suit. The plaintiff filed AS.No.235/1996 before the District Court, Kollam and the District Court and the District Court allowed the appeal. Respondents 6 and 7 filed a second appeal before this court as SA.No.52/2002. The State and survey authorities are not made parties in this original petition as they did not contest the second appeal. During the pendency of the appeal, petitioner and other plaintiffs filed IA..No.1566/2006 in SA.No.845/1997 and as per the order in the application, this court permitted the Devaswom to carry out construction activities of the temple and injuncted the contesting defendants from obstructing the construction activities. Ultimately both the appeals were heard together and set aside the lower court judgments and decree and remanded the case to the court below for fresh disposal. It is thereafter that the matter has been remanded to the court below. The petitioner filed IA.No.597/2012 in OS.No.188/1992 for amendment and also filed IA.No.543/2012 in the same case for enforcement of the injunction order passed by this court. The court below is not proceeding with the case. The petitioner has no other remedy except to approach this court
O.P.(C).No.2504 of 2016
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seeking the following reliefs:
i. Issue a direction directing the Munsiff's Court, Paravur to dispose of the suits OS.No.188/1992 and OS.No.384/1991 pending therein within a time prescribed by this Hon'ble Court after considering and disposing petitions in Ext.P2 in IA.No.597/2012 and Ext.P3 in IA.No.543/2012 in OS.No.188/1992.
ii. To award cost.
O.P.(C).No.2504 of 2016 4 circumstances mentioned in the report, this court feels that the petition can be disposed of as follows:
The Munsiff Magistrate, South Paravur is directed to expedite the disposal of OS.No.188/1992 and 384/1991 of that court as directed in Ext.P1 judgment of this court in the second appeal as expeditiously as possible, at any rate, within 10 months from the date of receipt of a copy of this judgment as it is a policy of the Vision 2020 that more than 5 year old cases will have to be expedited at the earliest possible time.
With the above directions and observations, this petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
3 issues framed by the court
Whether the Munsiff Court, Paravur is directed to expedite the disposal of pending suits OS.No.188/1992 and OS.No.384/1991.
Whether a time limit of 10 months should be prescribed for the disposal of these long-pending cases.
Whether priority should be given to disposing of old cases under the Vision 2020 policy.
1 provisions across 1 enactments
Sathyadasan
Saraswathy
Radha
Sheela
Bindhu
Sajeev
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
