Disposed

Vijayalakshmi v. Amminiyamma

Kerala HC26 Feb 2018OP(C)/543/2018

Case brief

AI extract

What is this about?

The petitioner sought a direction under Article 227 of the Constitution of India to ensure the prompt disposal of an Intra-Court Application No. 7363/2016 pending in the Principal Munsiff Court, Irinjalakuda. The Court directed the trial court to consider the application without delay within three to four months.

What did the court decide?

Direction to the Principal Munsiff Court, Irinjalakuda to consider the pending I.A.No.7363/2016 without delay and dispose thereof within three to four months.

Vijayalakshmi Vs Amminiyamma — Civil Procedure and Limitation | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939

¶5

OP(C).No. 543 of 2018

¶6

I.A.7363/2016 IN O.S.4387/2013 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA.

¶7

PETITIONER:

¶8

VIJAYALAKSHMI, D/O. MULLASSERY RAMAN NAIR AND W/O. KAVIKKAL SREEDHARA MENON, AGED 67 YEARS, 'SREE VIJAYAM', NEDUMKANNI DESOM, ALATHUR VILLAGE, ALATHUR TALUK, ALATHUR P.O., PALAKKAD DISTRICT-678541.

¶9

BY ADVS.SRI.RAJESH SIVARAMANKUTTY SRI.P. P.GOPALAKRISHNAN

¶10

RESPONDENT(S):

¶11

1.	AMMINIYAMMA, D/O. MULLASSERY VEEDU, KODAKARA VILLAGE, THRISSUR DISTRICT	NANIKUTTIYAMMA, VALLAPPADI DESOM, MUKUNDAPURAM TALUK, .
2.	GEETHA, D/O. AMMI MULLASSERY VEEDU, KODAKARA VILLAGE, THRISSUR DISTRICT	NIYAMMA, VALLAPPADI DESOM, MUKUNDAPURAM TALUK, .
3.	GIREESAN, S/O. AM MULLASSERY VEEDU, KODAKARA VILLAGE, THRISSUR DISTRIC	MINIYAMMA, VALLAPPADI DESOM, MUKUNDAPURAM TALUK, T.
4.	DINESAN, S/O. AMM MULLASSERY VEEDU, KODAKARA VILLAGE, THRISSUR DISTRIC	INIYAMMA, VALLAPPADI DESOM, MUKUNDAPURAM TALUK, T.
5.	MAYADEVI, D/O. AM MULLASSERY VEEDU, KODAKARA VILLAGE, THRISSUR DISTRIC	MINIYAMMA, VALLAPPADI DESOM, MUKUNDAPURAM TALUK, T.
6.	V. C. KUMARAN, S/ KSRTC PENSIONER, PUTHIYANGAM, ALAT PALAKKAD DISTRICT	O. CHAMUNNI, VADAKKEVEETTIL HOUSE, HUR VILLAGE, ALATHUR TALUK, .
mbr/	THIS OP (CIVIL) H ON 26-02-2018, T DELIVERED THE FOL	AVING COME UP FOR ADMISSION HE COURT ON THE SAME DAY LOWING:

¶12

OP(C).No. 543 of 2018 (O)

¶13

APPENDIX

¶14

PETITIONERS' EXHIBITS:

¶15

EXHIBIT P1 TRUE COPY OF THE PETITION AND AFFIDAVIT FILED IN SUPPORT OF I.A. NO. 7363/2016 IN O.S. NO. 4387/2013 PENDING ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT, IRINJALAKUDA.

¶16

RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

28.2.2018.

ALEXANDER THOMAS, J.

¶22

¶23

O.P.(C) No.543 of 2018

¶24

¶25

Dated this the 26^th day of February, 2018

¶26

JUDGMENT

¶27

The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows :

¶28

“(i) Direct the learned Principal Munsiff Court, Irinjalakuda, to hear and dispose of I.A.No.7363/2016 in O.S.No.4387/2013 (Exhibit-P1) pending on its file, within a time limit that may be fixed by this Hon'ble Court.”

¶29

Heard Sri.Rajesh Sivaramankutty, learned counsel

¶30

appearing for the petitioner/plaintiff. In the nature of the orders proposed to be passed in this petition, notice to the respondent will stand dispensed with.

¶31

Sri.Rajesh Sivaramankutty, learned counsel appearing for the petitioner, would submit on the basis of instructions of his party that the limited prayer that is now being sought for by the petitioner is for a direction from the trial court to ensure the disposal of Exhibit-P1 I.A.No.7363 of 2016 filed in the O.S. without much delay. It is pointed out by the petitioner that though Exhibit-P1 I.A.No.7363 of 2016 has been filed as early as on 14.10.2016, no orders have been passed on the said application till date.

¶32

O.P.(C) No.543/18

¶33

: :2::

¶34

Accordingly, it is ordered in the interest of justice that in case Exhibit-P1 I.A.No.7363 of 2016 in the above O.S. is still pending consideration, then the Principal Munsiff Court, Irinjalakuda, will take up the said I.A. for consideration without much delay and after affording a reasonable opportunity of being heard to both sides will render a considered decision thereon disposing of that I.A. in accordance with law. This may be done without much delay, preferably within a period of 3 to 4 months from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the trial court concerned for necessary information.

¶35

With these observations and directions, the Original Petition (Civil) will stand finally disposed of.

¶36

ALEXANDER THOMAS JUDGE

¶37

csl

Vijayalakshmi v. Amminiyamma

Case brief

What is this about?

What did the court decide?

Vijayalakshmi v. Amminiyamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Antony a P Vs John Manavalan

Nabeezath Beevi Vs P.S. Ahammed Khan (Died)

Ajith Kumar Vs the Secretary, Tanur Service Co-Operative Bank Ltd.

Lt. Col. R.Sivadas Vs M. Sreeraj

Thankamani Vs the Vadakkekara Service Co-Operative Bank Ltd. NO.3131

Alamma Jacob Vs Thiruvalla Municipality