This bench disposed of an Original Petition seeking direction to expedite stalled civil proceedings. The Court directed the subordinate court to file the written statement within a reasonable time and expedite the suit.
Directed the court below to expedite proceedings and ensure the written statement is filed within a reasonable time.
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
FRIDAY, THE 22ND DAY OF FEBRUARY 2019/3RD PHALGUNA, 1940
O.P.(C)No.299 of 2019
(AGAINST THE ORDER/JUDGMENT IN O.S.No.268/2017 OF MUNSIFF COURT, PEERMEDU)
PETITIONER/PLAINTIFF:
ASHRAF.M.KOTAAL, AGED 48 YEARS, S/O.A.K. ABDULLA, PREVIOUSLY RESIDING AT ASHIAN HOUSE, KANJIRAM KARA, NEAR S.N.COLLEGE, EDAKKADU VILLAGE, THOTTATA P. O, KANNUR TALUK, KANNUR DISTRICT, PIN - 670 007, PRESENTLY RESIDING AT P.O. BOX NO.26475, SHARJA REPRESENTED BY MOHAMMED RIAZ AZEEZ, AGED 50 YEARS, S/O. THODI MUHAMMED ABDUL AZEEZ, RESIDING AT 43/2525, D-3, V B TREEACE, SRM ROAD, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN 682 018,POWER ATTORNEY HOLDER.
BY ADVS. SRI.KRISHNA PRASAD. S SRI.K.S.CHANDRA BOSE
RESPONDENTS/DEFENDANTS 1 TO 5:
1 RAJAMMA DEVARAJAN, AGED 66 YEARS, W/O. DEVARAJAN, RESIDING AT PUTHENPURACKAL HOUSE, CHINNAR KARA, CHINNAR.P.O, ELAPPARA VILLAGE, PEERMADE TALUK, PIN - 685 501.
2 SAJIMON, AGED 42 YEARS, S/O. DEVARAJAN, RESIDING AT PUTHENPURACKAL HOUSE, CHINNAR KARA, CHINNAR.P.O, ELAPPARA VILLAGE, PEERMADE TALUK, PIN - 685 501.
2
O.P.(C)No.299 of 2019
3 GREEN PALACE HOTELS AND RESORTS(INDIA) PVT LTD, PUTHENPURACKAL, CHINNAR KAVALA, CHINNAR.P.O, ELAPPARA VILLAGE, REPRESENTED BY ITS MANAGING DIRECTOR, VIJAYAN, AGED 61 YEARS, S/O. BHASKARAN, CHINNAR KAVALA, CHINNAR.P.O, ELAPPARA VILLAGE, PEERMADE TALUK, PIN - 685 501.
4 VIJAYAN, AGED 61 YEARS, S/O BHASKARAN, RESIDNG AT PUTHENPURACKAL HOUSE, CHINNAR KAVALA, CHINNAR.P.O, ELAPPARA VILLAGE, PEERMADE TALUK, PIN - 685 501.
5 G. S. SANJEEV, AGED 47 YEARS, S/O.K.R.GOPINADHAN, RESIDING AT ASWATHIBHAVAN, MUNDANKAVU KARA, CHENGANNUR VILLAGE, CHENGANNUR.P.O, CHENGANNUR TALUK, ALAPPUZHA DISTRICT - 689 121.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)No.299 of 2019
3
JUDGMENT
The petitioner, who is the plaintiff in a suit for declaration, alleges that the proceedings in the suit are being delaying without any justification.
The report called for from the Registry reveals that, written statement is yet to be filed.
It is to be noticed that, proviso to Rule 1 of Order VIII is not an empty formality. As to whether the time schedule prescribed therein is mandatory or not is yet to be finally pronounced upon by the larger bench of the Supreme Court. At any rate, the court shall, in view of the proviso to Rule 1 of Order VIII see that the proceedings are not unduly protracted by the parties and that the
written statement is filed within a reasonable time.
O.P.(C)No.299 of 2019
4
Accordingly, I dispose of this original
petition, directing the court below to
expedite the proceedings.
Sd/-
SATHISH NINAN
JUDGE
ss
O.P.(C)No.299 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A COPY OF THE ORIGINAL PLAINT IN O.S. NO. 268/2017 OF MUNSIFF COURT, PEERMADE DATED ON 28-10-2017.
EXHIBIT P2 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN E.A.NO.14 OF 2017 IN E.P.NO.71 OF 2017 MADE IN O.S.NO.66 OF 2011 DATED 28-10-2017 OF THE MUNSIFF COURT, PEERMADE.
EXHIBIT P3 A TRUE COPY OF THE E.A.NO.31 OF 2017 IN E.P.NO.71 MADE IN O.S.NO.66 OF 2011 DATED 28-10-2017 OF THE MUNSIFF COURT, PEERMADE.
2 issues framed by the court
Whether proceedings in O.S.No.268/2017 are being unduly delayed without justification.
Whether the time schedule under proviso to Rule 1 of Order VIII CPC must be adhered to prevent protracted proceedings.
1 provisions across 1 enactments
Ashraf M. Kotaal
Rajamma Devarajan
Sajimon
Green Palace Hotels and Resorts (India) Pvt Ltd
Vijayan
G. S. Sanjeev
The Honourable Mr. Justice Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
