Disposed

K.Ramachandran Nair v. S.Jayalakshmy

Kerala HC21 May 2019OP(C)/1160/2019

Case brief

AI extract

What is this about?

This original petition challenging delay in disposal of two suits in the Munsiff Court was disposed of. The Single Judge inclined to order expedited disposal within six months based on the lower court's undertaking and pending case load, without issuing a notice to respondents.

What did the court decide?

Directed the Munsiff Court to dispose of OS.No.1600 of 2012 and OS 84/2013 expeditiously within six months from June 12, 2019.

K.Ramachandran Nair Vs S.Jayalakshmy — Civil Procedure and Limitation | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941

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OP(C).No. 1160 of 2019

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(FOR EXPEDITIOUS DISPOSAL OF OS.NO.1600 OF 2012 AND OS 84/2013 of MUNSIFF COURT,THIRUVANANTHAPURAM)

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PETITIONER/S:

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1 K.RAMACHANDRAN NAIR, AGED 67 YEARS OWN AFFAIRS, S/O.LATE G.KRISHNA PILLAI, PRESENTLY RESIDING AT NO.53, MDP LANE, PALKULANGARA, CHAKKAI P.O., THIRUVANANTHAPURAM- 695024.

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2 K.GOPALAKRISHNN NAIR, AGED 62 YEARS OWN AFFAIRS, S/O.LATE G.KRISHNA PILLAI, PRESENTLY RESIDING AT KOCHUTHATTAMVILA VEEDU, GOVINDAMANGALAM, OORTTUAMBALAM P.O., THIRUVANANTHAPURAM- 695507.

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BY ADVS. SRI.N.SUBRAMANIAM SMT.USHA NARAYANAN SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN

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RESPONDENT/S:

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S.JAYALAKSHMY, AGED 68 YEARS, HOUSE WIFE, D/O.J.SREEMATHY AMMA, PRESENTLY RESIDING AT T.C.NO.28/832, KRISHNA BHAVAN, EDAMADAM, LANE, PUNNAPURAM, CHAKKAI P.O., THIRUVANANTHAPURAM- 695024.

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2 RAJESH, AGED 35 YEARS, S/O.LATE RAJALAKSHMY, PRESENTLY RESIDING AT T.C.NO.28/832, KRISHNA BHAVAN, EDAMADAM, LANE, PUNNAPURAM, CHAKKAI P.O., THIRUVANANTHAPURAM- 695024.

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3 UNNIKRISHNAN NAIR, AGED 70 YEARS H/O.LATE RAJALAKSHMY, PRESENTLY RESIDING AT T.C.NO.28/832, KRISHNA BHAVAN, EDAMADAM, LANE, PUNNAPURAM, CHAKKAI P.O., THIRUVANANTHAPURAM- 695024.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 1160 of 2019

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JUDGMENT

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The grievance of the petitioners herein is regarding the delay in disposal of OS.No.1600 of 2012 and OS.No.84 of 2013, both pending before the Munsiff Court, Thiruvananthapuram. The learned Munsiff by her communication dated 14.05.2019, has informed that she proposes to proceed on leave from 28.05.2019 to 11.06.2019. She has undertaken to dispose of the matter within six months from 12.06.2019.

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Having considered the number of cases pending in that court and the undertaken given by the learned Munsiff, I am inclined to dispose of the O.P.(C) itself, without issuing notice to the respondents, directing the court below to take up the above matters and dispose it of as expeditiously as possible, at any rate, within six months reckoned from 12.06.2019.

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O.P.(C) is disposed of as above.

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Sd/- SUNIL THOMAS, JUDGE //True Copy// PA to Judge

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R.AV

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OP(C).No. 1160 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE PLAINT DATED 10.10.2012 IN O.S.NO.1600/2012 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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EXHIBIT P2 TRUE COPY OF THE PLAINT DATED 21.01.2013 IN O.S.NO.84/2013 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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EXHIBIT P3

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TRUE COPY OF THE WRITTEN STATEMENT DATED 07.09.2013 IN O.S.NO.84/2013 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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EXHIBIT P4 TRUE COPY OF I.A.NO.1071/2019 DATED 01.02.2019 IN O.S.NO.84/2013 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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EXHIBIT P5

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TRUE COPY OF I.A.NO.1072/2019 DATED 01.02.2019 IN O.S.NO.84/2013 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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EXHIBIT P6

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TRUE COPY OF I.A.NO.1073/2019 DATED 01.02.2019 IN O.S.NO.84/2013 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.

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RESPONDENT'S/S EXHIBITS NIL

K.Ramachandran Nair v. S.Jayalakshmy

Case brief

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K.Ramachandran Nair v. S.Jayalakshmy

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