Petitioner complained of delay in disposal of two civil appeals pending in the District Court. The Court directed the lower court to dispose of the matters expeditiously within five months. No notice to respondents was issued.
Directed the District Court to take up and dispose of A.S.Nos. 186/2015 and 187/2015 as expeditiously as possible 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. 660 of 2019
AGAINST THE ORDER/JUDGMENT IN AS 187/2015 of DISTRICT COURT, THRISSUR
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-680581
3 K.K.SUSHEELAN AGED 74 YEARS KALLAYIL HOUSE, M.G.KAVU.P.O., THRISSUR, PIN-680581.
4 K.K.RAVEENDRAN AGED 65 YEARS KALLAYIL MANDIRAM, CHINA BAZAR, P.O.MEDICAL COLLEGE, THRISSUR-680581.
5 SANTHA VIJAYAN, AGED 75 YEARS SANTHI HOUSE, CHINA BAZAR, P.O.MEDICAL COLLEGE, THRISSUR-680581.
OP(C).No. 660 & 659 of 2019
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6 GEETHA CHANDRAN AGED 68 YEARS KUNNATHULLI HOUSE, LOAD NIVAS, M.G.KAVU.P.O., THRISSUR, PIN-680581.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH OP(C) 659/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 660 & 659 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).No. 660 & 659 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).No. 660 & 659 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.2498/2012 AND O.S.NO.4835/2012 DATED 29/11/2014 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR.
EXHIBIT P2 THE TRUE COPY OF THE APPEAL MEMORANDUM OF AS.NO.187/2015 ON THE FILES OF THE DISTRICT COURT, THRISSUR.
2 issues framed by the court
Whether the District Court should be directed to expedite disposal of pending civil appeals.
Whether the petitioner, a senior citizen, deserves expedited disposal of the litigation.
Valsala Sivaji
K.K.Suresh Babu
Visalakshi Raman
K.K.Susheelan
K.K.Raveendran
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
