HC of Kerala considered an OP(C) under Art.227 regarding delays due to lack of officers at the Munsiff Court, Perumbavoor. The Court directed the court below to disposal of the pending application within four to six weeks without much delay.
Directed the court below to dispose of Ext.P-2 I.A.No.1289/2017 within four to six weeks after hearing both sides.
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
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939
OP(C).No. 274 of 2018
AGAINST THE ORDER IN OS 230/2017 of MUNSIFF COURT, PERUMBAVOOR.
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PETITIONER(S)/PLAINTIFFS
1 ACHAMMA W/O LATE JOY, AGED 60 YEARS, KIZHAKKEDATH HOUSE, KARUKULAMKARA, KIZHAKKAMBALAM VILLAGE,
ERNAKULAM DISTRICT.
2 JIBU K.JOY S/O LATE JOY, AGED 38 YEARS, KIZHAKKEDATH HOUSE, KARUKULAMKARA, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT.
BY ADV.P.T.JOSE.
RESPONDENT(S)/DEFENDANT:
SAIDU MUHAMMED S/O MUSTHAFA, AGED 50 YEARS, KEEZHPURATH HOUSE, VENGOLA KARA, ARAKKAPPADY VILLAGE,ERNAKULAM DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DXY
OP(C).No. 274 of 2018 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1 |
TRUE COPY OF THE MUNSIFF COURT, PE |
O.S.230/17 PENDING BEFORE THE RUMBAVOOR. |
|---|---|---|
| EXHIBIT-P2 | TRUE COPY OF THE | I.A.1289/2017 IN O.S.230/17. |
| EXHIBIT-P3 |
TRUE COPY OF THE RESPONDENT. |
COUNTER TO EXT.P2 FILED BY THE |
| EXHIBIT-P4 |
TRUE COPY OF THE ADVOCATE COMMISSI |
COMMISSION REPORT FILED BY ONER K.M.ALIAS. |
RESPONDENT(S)'EXHIBITS: NIL
\TRUE COPY\
PA TO JUDGE
DXY
ALEXANDER THOMAS, J.
==================
O.P(C).No. 274 of 2018
==================
Dated this the 6th day of February, 2018
J U D G M E N T
The prayers in this Original Petition (Civil) filed under the enabling
provisions contained in Art.227 of the Constitution of India are as follows:
petitioners/plaintiffs. In the nature of the order that is proposed to be passed in this petition, notice to the respondent will stand dispensed with.
O.P(C).No. 274/18 - : 2 :-
to man that Munsiff's Court, Perumbavoor and that the Munsiff's Court, Muvattupuzha is holding additional charge of the Munsiff's Court, Perumbavoor and that no regular sittings are conducted at Perumbavoor and that one month's time is required for disposal of Ext.P-2 O.S.No. 1289/2017.
With these observations and directions, the aforecaptioned Original Petition (Civil) stands finally disposed of.
Sd/-
sdk+
ALEXANDER THOMAS, JUDGE
///True Copy///
P.S. to Judge
2 issues framed by the court
Whether the High Court should direct the court below to dispose of pending interlocutory application within a time-bound manner considering the shortage of judicial officers.
Whether the High Court should direct the court below to expedite the trial of the pending suit in a time-bound manner.
1 provisions across 1 enactments
ACHAMMA W/O LATE JOY
JIBU K.JOY
SAIDU MUHAMMED
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
