The High Court of Kerala granted an extension of time to the lower court to dispose of civil appeal OP(LA)No.7/2016 within four months from the date of receiving this judgment, accepting the justification provided by the lower court.
Direction to the court below to dispose of OP(LA)No.7/2016 within four 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 SUNIL THOMAS
MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941
OP(C).No.1647 of 2019
(OP.(LA)NO. 7/2016 of DISTRICT COURT, KOTTAYAM
PETITIONER/PETITIONER:
KOSHY.K.MATHEW, AGED 28 YEARS, S/O. JOHN MATHEW, MULLAMANGALAM HOUSE, CHETTY STREET, KOTTAYAM VILLAGE, KOTTAYAM DISTRICT, NOW RESIDING AT 21, SHELL DRIVE, AJAX, ONTARIO, LIT4R2, CANADA, REPRESENTED BY POWER OF ATTORNEY
MR. PRAVIN KUMAR,AGED 41 YEARS, S/O. BALAKRISHNA PILLAI, BLOCK NO.201, MUNDIYARUMA, KALLAR P.O, IDUKKI DISTRICT.
BY ADV. SRI.P.MARTIN JOSE
RESPONDENTS/RESPONDENTS:
1 JOHN MATHEW S/O. JOHN MATHAI, MULLAMANGALAM HOUSE, CHETTY STREET, KOTTAYAM VILLAGE, KOTTAYAM DISTRICT, NOW RESIDING AT PONNOTTUKUZHIYIL HOUSE, KAILAS NAGAR, TRIKKAKARA, VAZHAKKALA, KANAYANNUR, ERNAKULAM DISTRICT. 6820121.
2 ANU MATHEW, W/O. MATHEW GEORGE, MADAPARAMBIL HOUSE, GEORGE SQUARE, KARIMAKKAD ROAD, TRIKKAKARA, VAZHAKKALA, KANAYANNUR, ERNAKULAM DISTRICT, PIN-682021.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No.1647 of 2019
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J U D G M E N T
The petitioner herein has approached this court lamenting that there is considerable delay in the disposal of the OP(LA)No.7/2016, pending before the Additional District Court, Kottayam. Pursuant to a direction issued from this court, the learned Additional District Judge by her communication dated 5.7.2019, has undertaken to dispose of the matter within four months. Having regard to the pendency of cases therein and also the matters which require early disposal, purusant to the direction of the High Court, and after hearing the learned counsel for the petitioner, I am satified that the time sought by the court below is justifiable.
O.P.(C) is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PS to Judge
OP(C).No.1647 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE OP(LA) NO.7 OF 2016 FILED BEFORE THE HON'BLE DISTRICT COURT, KOTTAYAM.
EXHIBIT P2 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN OP(LA) NO. 7 OF 2016.
RESPONDENT'S/S EXHIBITS NIL
1 issue framed by the court
Whether to grant time to the lower court to dispose of a pending appeal within four months.
Koshy.K.Matthew
John Mathew
Anu Mathew
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
