This is an Art.227 petition seeking a direction for expeditious disposal of a pending original suit and interim application. The court, noting a report showing an eight-month delay, directed the lower court to dispose of the matter within eight months if no impediments exist.
Direction to dispose of O.S. No. 1787/2007 and I.A. No. 7082/2016 within eight 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 ALEXANDER THOMAS
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
OP(C).No. 534 of 2018
OS. NO.1787/2007 of II ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM.
PETITIONER/2ND DEFENDANT
SADASIVAN NAIR, AGED 72 YEARS, S/O.AYYAPPAN PILLAI, RESIDING AT SREEDEVI, T.C.NO.7/1094, PNRA-23, PONGUMOODU, CHERUVAICKAL VILLAGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN-695 011.
BY ADVS.SRI.A.JANI(KOLLAM) SRI.G.SIVASANKAR.
RESPONDENTS/PLAINTIFF & DEFENDANTS:
1. S. HARIKUMAR, AGED 56 YEARS, S/O.SREEDHARAN PILLAI, RESIDING AT KAITHARA VEEDU, ANIYOOR, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM DISTRICT-695 587, (PLAINTIFF BEFORE LOWER COURT) 2. RAMANKUTTY NAIR, AGED 68 YEARS, S/O.AYYAPPAN PILLAI, RESIDING AT MELEVILA VEEDU, ANIYOOR, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM DISTRICT-695 587, (FIRST DEFENDANT BEFORE LOWER COURT). 3. SETHU RUKMINY KOCHAMMA, AGED 67 YEARS, W/O.N. KRISHNAN NAIR, RESIDING AT CHINMALAYAM, SANKAR ROAD, SASTHAMANGALAM VILLAGE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN-695 010, (THIRD ADDITIONAL DEFENDANT IN COUNTER CLAIM OF SECOND DEFENDANT). 4. BABUKUTTAN NAIR, AGED 64 YEAS, S/O.KRISHNAN NAIR, RESIDING AT PRANAM, PANAGAPPARA P.O., THIRUVANANTHAPURAM, PIN-695 581, (ADDITIONAL FOURTH DEFENDANT IN COUNTER CLAIM OF SECOND DEFENDANT BEFORE LOWER COURT).
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
06/03/2018.
OP(C).No. 534 of 2018 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.1787 OF 2007 PENDING BEFORE THE SECOND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT AND COUNTER CLAIM SUBMITTED BY PETITIONER IN EXHIBIT P1 SUIT. EXHIBIT P3 TRUE COPY OF COMMISSION REPORT, MAHASSAR AND PLAN DATED 01-06-2013 SUBMITTED BY ADVOCATE COMMISSIONER IN EXHIBIT P1 SUIT. EXHIBIT P4 TRUE COPY OF OBJECTION DATED 30-11-2013 SUBMITTED BY 2ND RESPONDENT TO EXHIBIT P3 COMMISSION REPORT. EXHIBIT P5 TRUE COPY OF CASE DETAILS DATED NIL TAKEN BY WRIT PETITIONER FROM E-COURTS KERALA WEB SITE. EXHIBIT P6 COPY OF THE CASE DETAILS ENCRYPTED BY ADVOCATE FOR 2ND DEFENDANT BEFORE LOWER COURT FROM CASE DIARY. EXHIBIT P7 TRUE COPY OF I.A.NO.7082 OF 2016 PREFERRED BY WRIT PETITIONER IN EXHIBIT P1 SUIT. RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 06/03/2018.
ALEXANDER THOMAS, J.
==================
O.P(C).No. 534 of 2018
==================
Dated this the 2nd day of March, 2018
J U D G M E N T
The prayer in this petition filed under the enabling provisions
contained in Art.227 of the Constitution of India is as follows:
“Directing Second Additional Munsiff' Court, Thiruvananthapuram to dispose of Exhibit P-1 suit in O.S.No.1787 of 2007 and Exhibit P-2 Counter Claim and interim application in I.A.No.7082 of 2016 filed by the Petitioner herein on merits within time period to be fixed by this Honoruable Court.”
In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.
O.P(C).534/18 - : 2 :-
is ordered in the interest of justice that the Addl. Munsiff's Court-II, Thiruvananthapuram, will take all endeavours possible under the circumstances to dispose of O.S.No.1787/2007 and I.A.No.7082/2016 in the above Original Suit, as expeditiously as possible, at any rate, within a period of eight months from the date of production of a certified copy of this judgment, provided there are no legal or other impediments. The petitioner will produce a certified copy of this judgment before the Addl. Munsiff's Court-II, Thiruvananthapuram, for necessary information.
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
3 issues framed by the court
Whether Art.226 or 227 warrants directing a lower court to dispose of a pending suit within a fixed period.
Whether the petitioner was entitled to a time-bound disposal order for O.S.No.1787/2007 and I.A.No.7082/2016.
What time limit is reasonable for the disposal of the pending suit and interim application.
SADASIVAN NAIR
S. HARIKUMAR
RAMANKUTTY NAIR
SETHU RUKMINY KOCHAMMA
BABUKUTTAN NAIR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
