On a petition under Article 227, the High Court directed the Munsiff Court at Pathanamthitta to expedite and dispose of pending interlocutory applications for review and condonation of delay within three months.
The Munsiff Court to dispose of filed applications at the earliest, within three months of receiving a copy of this judgment.
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
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938
OP(C).No. 2628 of 2016 (O)
--------------------------(IA.NO.1712/2015 AND IA.NO.1713/2015 IN OS.NO. 271/2009 OF MUNSIFF COURT, PATHANAMTHITTA)
PETITIONER:
JOSHUA DANIEL, AGED 60 YEARS, S/O.DANIEL, PADAYANICKAL HOUSE, MANGARAM P.O, KONNI, PATHANAMTHITTA-689 647.
BY ADVS.SRI.K.R.VINOD
MS.JENCY SUSAN JOSE SRI.V.SRI NATH SRI.S.ARAVIND
RESPONDENT(S) :
1. KERALA STATE WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF THE STATE WAREHOUSING CORPORATION, ERNAKULAM.
2. ASSISTANT MANAGER, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION, PATHANAMTHITTA-689 645
3. AXIS BANK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND CARRYING ON ITS BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1949 AND HAVING REGISTERED OFFICE AT THRISHAL, 3RD FLOOR, OPP. SARATESHWAR TEMPLE, LAW GARDENS, ELLIS BRIDGE, AHEMEDABAD-380 006 AND A BRANCH OFFICE AT PATHANAMTHITTA, REPRESENTED BY ITS ASSISTANT VICE PRESIDENT AND BRANCH HEAD.
2/-
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OP(C).NO.2628/2016
4. HARITHA SPICES, MUPATHADOM P.O, ALUVA, ERNAKULAM DISTRICT, PIN-683 101 REPRESENTED BY ITS MANAGING PARTNER, SUNI, S/O.SULAIMAN.
5. ANIL, AGED AROUND 40, S/O.SULAIMAN, PARTNER, HARITHA SPICES, ALUVA, MUPATHADOM P.O, ALUVA, ERNAKULAM DISTRICT. PIN-683 110
R1 & R2 BY SRI.M.GOPIKRISHNAN NAMBIAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 2628 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE COPY OF THE REVIEW PETITION IA NO.1713/2015 IN OS.271/2009 IN THE FILES OF THE HON'BLE MUNSIFFS COURT, PATHANAMTHITTA.
EXHIBIT P2 THE COPY OF THE PETITION TO CONDONE THE DELAY, NUMBERED AS IA NO.1712/2015 IN OS NO 271/2009 IN THE FILES OF THE HON'BLE MUNSIFFS COURT, PATHANAMTHITTA.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K.RAMAKRISHNAN, J.
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O.P.(C). No.2628 of 2016
=======================
Dated this the 25th day of October, 2016
JUDGMENT
This is an application passed by the petitioner seeking intervention of this Court for speedy disposal of I.A.Nos.1712 of 2015 and 1713 of 2015 in O.S.No.271 of 2009 on the file of the Munsiff Court, Pathanamthitta under Article 227 of the Constitution of India.
O.P.(C)No.2628 of 2016 -2-
that the subject matter of the suit is pepper and is capable of valuation and value of the same as Rs.45,00,000/- and directed the plaintiffs to take steps to amend the suit and granted 15 days time to comply with the order. This was challenged by the petitioner by filing O.P.(C).4478 of 2013 before this Court and this Court dismissed the same. Though petitioner filed R.P.No.177 of 2014 to review the judgment that was also dismissed by this Court. This was taken up before the Hon'ble Supreme Court by filing special leave petition and in the mean time, the time fixed by the court below to amend the plaint has expired and the plaint was rejected by the Munsiff as per order dated 04.03.2014. Thereafter, the petitioner filed I.A.No.1713 of 2015 to review the order along with I.A.No.1712 of 2015 condone the delay of 485 days in filing the review petition and that was pending before the court below as Exts.P1 and P2. The court below is not passing any order though the petitions have filed in August 2015, So the petitioner has no other remedy except to approach this Court seeking the following remedy:-
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hear and dispose off Exhibit P1 I.A.No.1713/2015 and Exhibit P2 IA No.1712/2015 in OS No.271/2009 as expeditiously as possible and within a reasonable time as may be prescribed by this Hon'ble Court.”
counsel for the petitioner wanted only a direction to the court
below to dispose of those applications at the earliest point of time. The counsel for respondents 1 and 2 Shri. Gopikrishnan Nambiar, who is the Standing counsel for respondents 1 and 2 also have no objection in disposing the matter by giving appropriate direction to the court below.
The Munsiff Pathanamthitta is directed to expedite disposal of I.A.Nos.1712 of 2015 and 1713 of 2015 in O.S.No.271 of 2009 pending before that court as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
With the above directions and observation the petition is disposed of.
O.P.(C)No.2628 of 2016 -4-
Registry is directed to communicate this judgment to the
court below at the earliest.
Sd/
K.RAMAKRISHNAN, JUDGE
SKV-
1 issue framed by the court
Whether the High Court should direct the Munsiff Court to expedite disposal of pending review and condonation of delay applications.
1 provisions across 1 enactments
Joshua Daniel
Kerala State Warehousing Corporation
Assistant Manager, State Warehouse, Kerala State Warehousing Corporation
Axis Bank Ltd.
Haritha Spices
Anil
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
