Petitioner complained of delay in disposing pending appeals. Court rejected notice to respondents and directed lower court to dispose matters within five months.
Directed lower court to dispose of A.S.Nos. 186/2015 and 187/2015 expeditiously within five 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
FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941
OP(C).No. 659 of 2019
AGAINST THE ORDER/JUDGMENT IN AS 186/2015 of DISTRICT COURT, THRISSUR
AGAINST THE ORDER/JUDGMENT IN OS 2498/2012 AND OS 4835/2012 of PRINCIPAL MUNSIFF COURT, THRISSUR DATED 26-11-2014
PETITIONER:
VALSALA SIVAJI AGED 70 YEARS W/O.SIVAJI, KUNNATHULLI HOUSE, HARITHA GANDHI NAGAR, GURUVAYOOR.
BY ADV. SMT.P.K.PRIYA
RESPONDENTS:
1 K.K.SURESH BABU AGED 59 YEARS, S/O.KALLAYIL KRISHNAN, P.O.KOLAZHI, THRISSUR DISTRICT,
PIN - 680 581.
2 K.K.SUSHEELAN AGED 74 YEARS, KALLAYIL HOUSE, M.G.KAVU P.O., THRISSUR, PIN - 680 581.
3 K.K.RAVEENDRAN AGED 65 YEARS, KALLAYIL MANDIRAM, CHINA BAZAR, P.O.MEDICAL COLLEGE, THRISSUR - 680 596.
OP(C).Nos. 659 & 660 of 2019
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5 VISALAKSHI RAMAN AGED 72 YEARS, MUTHANGAPARAMBIL HOUSE, MUNDATHIKKODE P.O., THRISSUR - 680 601.
6 GEETHA CHANDRAN AGED 68 YEARS, KUNNATHULLI HOUSE, LOAD NIVAS, M.G.KAVU P.O., THRISSUR, PIN - 680 581.
7 JAYA SIVARAMAN AGED 63 YEARS, MARAKKATHU HOUSE, DEVI ACADEMY ROAD, P.O.KOLAZHI, THRISSUR, PIN - 680 581.
8 GIRIJA HARIDAS AGED 64 YEARS, EDAKKATTU HOUSE, KEERTHANA GANDHI NAGAR, GURUVAYOOR, PIN - 680 101.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH OP(C) 660/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).Nos. 659 & 660 of 2019
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JUDGMENT
The grievance of the petitioner is about the delay in disposal of A.S.No.186/2015 and A.S.No.187/2015 pending before the III Additional District and Sessions Court, Thrissur. It is stated that the petitioner is a senior citizen and would like to bring the litigation to its logical conclusion.
2. Considering the limited prayer sought and
the relief that is proposed to be granted, I am not inclined to issue notice to the respondents.
3. Pursuant to a direction issued from this Court, the learned III Additional District and
Sessions Judge by his communication dated 13.03.2019 has informed that he is in charge of the 1st Additional District and Sessions Court, Thrissur and that in spite of huge pendency of
cases in that court, the matter can be taken up and disposed of as expeditiously as possible
OP(C).Nos. 659 & 660 of 2019
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within the reasonable time granted by this Court.
4. Having considered this, I am inclined to direct the court below to take up and dispose of A.S.No.186/2015 and A.S.No.187/2015 as expeditiously as possible, at any rate, within five months from the date of reopening after the mid summer holidays.
Accordingly, .P.(C). stands disposed of.
Sd/-
SUNIL THOMAS, JUDGE
Pn 06/04
OP(C).Nos. 659 & 660 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE JUDGMENT IN O.S.NO.2498 OF 2012 AND O.S.NO.4835 OF 2012 DATED 29/11/2014 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR.
EXHIBIT P2 THE TRUE COPY OF THE APPEAL MEMORANDUM OF A.S.NO.186 OF 2015 ON THE FILES OF THE DISTRICT COURT, THRISSUR.
1 issue framed by the court
Whether the court below should dispose of pending appeals expeditiously given the petitioner's status as a senior citizen.
VALSALA SIVAJI
K.K.SURESH BABU
K.K.SUSHEELAN
K.K.RAVEENDRAN
SANTHA VIJAYAN
VISALAKSHI RAMAN
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
