Disposed

P.R.Resmi v. Adhi Devan

Kerala HC9 Jul 2019OP(C)/402/2019

Case brief

AI extract

What is this about?

Petitioners complained of delay in disposing of Appeal No.73 of 2016 pending before the Sub Court, Nedumangad. The court, referencing the high pendency of cases at the lower forum, directed the Sub Judge to dispose of the appeal on merits within six months without issuing notice to respondents.

What did the court decide?

Directed the learned Sub Judge, Nedumangad, to dispose of Appeal No.73 of 2016 on merits as expeditiously as possible, within six months of receiving this judgment.

P.R.Resmi Vs Adhi Devan — 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 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941

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OP(C).No.402 of 2019

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(FOR SPEEDY DISPOSAL OF AS 73/2016 of SUB COURT, NEDUMANGAD)

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PETITIONERS/RESPONDENTS:

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1 P.R.RESMI, AGED 27 YEARS D/O.P REMANI AMMA, THIRUVATHIRA, ARUVIKKARAKONAM, AYIROOPARA.P.O., THIRUVANANTHAPURAM.

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2 REMANI AMMA, AGED 48 YEARS D/O.PARVATHI PILLAI, THIRUVATHIRA, ARUVIKKARAKONAM, AYIROOPARA.P.O., THIRUVANANTHAPURAM.

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BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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RESPONDENTS/APPELLANTS:

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1 ADHI DEVAN, KUNNUMPURAM, PURAYIDAM, THOPPU MURI, THEKKADA VILLAGE, REP. BY THE SENIOR MOST MEMBER AND ADMINISTRATOR, MUKUNDAN NAIR, AGED 55 YEAR, S/O.BHASKARA PILLAI, THIRUVATHIRA, PALAMOODU, KARAMCODE WARD, THEKKADA VILLAGE, VEMBAYAM.P.O.-695619, THIRUVANANTHAPURAM (DIED), NOW REPRESENTED BY PADMAKSHAN NAIR, AGED 52 YEARS, S/O.BHASKHARA PILLAI, T.C.35/815, NEAR FCI GODOWN, CHITHIRA NAGAR, VALLAKADAVU, THIRUVANANTHAPURAM.

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2 MANIKANTAN NAIR, AGED 47 YEARS, S/O.BHASKARA PILLAI, POURNAMI, PALAMOODU, KARAMCODE WARD, THEKKADA VILLAGE, VEMBAYAM, THIRUVANANTHAPURAM-695619.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

OP(C).No.402 of 2019

JUDGMENT

The petitioners herein have approached this court with a grievance that there is considerable delay in the disposal of AS.No.73/2016 pending before the Sub Court, Nedumangad. According to the petitioners both A & B schedule properties are lying without any specific boundaries in the light of pendency of the suit. It causes irreparable injury to the petitioners, it is contended. They sought for a direction to the court below for an expeditious disposal of the appeal.

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The learned Sub Judge, by his communication dated 2.7.2019, has informed that there are 1606 sessions cases and 1133 civil cases are pending before that court. However, the court has assured to dispose of the appeal within a period of six months. I feel that considering the pendency of cases, the request made by the learned Sub Judge is justifiable.

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Having considered the limited prayer sought by

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the petitioners herein and the relief that is proposed to be

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OP(C).No.402 of 2019

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granted, I am not inclined to issue notice to the respondents. Hence, I am inclined to dispose of the OP(C) itself, with a direction to the learned Sub Judge, Nedumangad, to take up and dispose of on merits, AS.No.73/2016, as expeditiously as possible, at any rate, within a period of 6 months from the date of receipt of a copy of this judgment.

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OP(C) is disposed of as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PS to Judge

OP(C).No.402 of 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF JUDGMENT IN O.S.NO.413/11. EXHIBIT P2 COY OF MEMORANDUM OF APPEAL IN AS.NO.73/2016.

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RESPONDENT'S/S EXHIBITS NIL

P.R.Resmi v. Adhi Devan

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P.R.Resmi v. Adhi Devan

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