This petition sought an order for the expeditious disposal of a pending partition suit (O.S.No.589/2016) in the Munsiff Court, Paravur. The court directed the lower court to dispose of the suit before the summer vacation of 2020.
Direction to the learned Munsiff to dispose of O.S.No.589/2016 before the Court closes for summer vacation 2020.
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 SATHISH NINAN
TUESDAY, THE 29TH DAY OF JANUARY 2019/9TH MAGHA, 1940
O.P.(C)No.186 of 2019
(SEEKING FOR AN EXPEDITIOUS DISPOSAL OF O.S.No.589/2016 OF MUNSIFF COURT, PARAVUR)
PETITIONER:
SREEKUMAR, AGED 46 YEARS, S/O RAMAN PILLAI, EDAKATHALATH HOUSE, ELOOR EAST, UDYOGAMANDAL P.O., ELOOR VILLAGE, ERNAKULAM DISTRICT-683 501, NOW RESIDING AT NICE HOSTEL, VAZHAKALA, KAKKANADU-682 021. BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 K.K. VISWANATHAN NAIR, AGED 73 YEARS, S/O KESAVAN NAIR, NARAYANEEYAM, BALAKRISHNAN MENON ROAD, EDAPALLY P.O. EDAPALLY NORTH VILLAGE, ERNAKULAM-682 026.
2 K. PRABHAVATHI, AGED 70 YEARS, W/O P.K. RAMACHANDRAN NAIR, AYODYA, 7TH CROSS ROAD, MAVELI NAGAR, THRIKAKARA P.O., ERNAKULAM-682 022.
3 K. USHADEVI, AGED 56 YEARS, W/O SREENIVASAN, 7TH CROSS ROAD, MAVELI NAGAR, THRIKAKARA P.O., ERNAKULAM-682 022.
O.P.(C)No.186 of 2019
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4 K. SYAMALAKUMARI, AGED 55 YEARS, W/O PRASANNAN, THAZHATH VEEDU, 7TH CROSS ROAD, MAVELI NAGAR, THRIKAKARA P.O., ERNAKULAM-682 022.
5 DEVARAJAN, AGED 54 YEARS, 7TH CROSS ROAD, MAVELI NAGAR, THRIKAKARA P.O., ERNAKULAM-682 022.
6 K. RAMACHANDRAN, AGED 62 YEARS, S/O KESAVAN NAIR, THITTAYIL HOUSE, PERUVARAM, PARAVUR VILLAGE, PARAVUR TALUK-683 513.
7 K. REMA DEVI, AGED 52 YEARS, W/O KRISHNAKUMAR, 10TH CROSS ROAD, MAVELI NAGAR, THRIKAKARA P.O., ERNAKULAM-682 022.
8 A.P. SHAILAJA, AGED 55 YEARS, D/O RAMAN PILLAI, EDAKATHALATH VEEDU, ELOOR EAST, UDYOGAMANDAL P.O., ELOOR VILLAGE-683 501.
9 HARI, AGED 53 YEARS, S/O RAMAN PILLAI, EDAKATHALATH VEEDU, ELOOR EAST, UDYOGAMANDAL P.O., ELOOR VILLAGE, PRESENTLY RESIDING AT A.R. HARI, KERALA STATE INDUSTRIAL ENTERPRISES, CARGO DIVISION, CALICUT INTERNATIONAL AIR PORT, KARIPOOR, MALAPPURAM-673 638.
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O.P.(C)No.186 of 2019
11 MOHANACHANDRAN, AGED 62 YEARS, S/O AMMUNNI PILLAI, KUTTIKATT VEEDU, BALAKRISHNAN MENON ROAD, EDAPALLY P.O., ERNAKULAM-682 026.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)No.186 of 2019
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JUDGMENT
All that the petitioner seeks for is an expeditious disposal of O.S.No.589/2016 pending on the files of the Munsiff Court, Paravur.
The suit is one for partition. Being a suit for partition, the same has to go through the two tiers of preliminary and final decree proceedings.
The report called for from the Registry reveals that there is heavy pressure work before the court. Hence, I dispose of this original petition directing the learned Munsiff to make every endeavour to have the suit disposed of before the Court closes for summer vacation, 2020.
Sd/-
SATHISH NINAN
JUDGE
ss
O.P.(C)No.186 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.589/2016 ON THE FILE OF THE MUNSIFF COURT, PARAVUR DATED 29.8.2016
EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN DATED 31.10.2017 IN EXT.P1 SUIT
2 issues framed by the court
Whether the learned Munsiff Court should dispose of the partition suit expeditiously despite heavy workload.
Whether the High Court can direct the disposal of the suit before the court closes for summer vacation.
SREEKUMAR
K.K. VISWANATHAN NAIR
K. PRABHAVATHI
K. USHADEVI
K. SYAMALAKUMARI
DEVARAJAN
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
