The High Court, Ernakulam, disposed of OrderPJ No. 822 of 2019 without notice to respondents. The court directed the Munsiff Court at Nedumangad to expedite the disposal of O.S. No. 215/2017 within six months after mid-summer holidays.
Direction to the trial court to dispose of O.S. No. 215/2017 within six months from the date of reopening.
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
WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941
OP(C).No. 822 of 2019
(IN OS 215/2017 of PRINCIPAL MUNSIFF COURT, NEDUMANGAD)
PETITIONER/PLAINTIFF:
SARALA KUMARI, AGED 57 YEARS W/O. ARUMUGA NAINAR, VAYALIKONATHU KIZHAKKUMKARA PUTEHN VEEDU, KARIPOOR MURI, NEDUMANGAD VILLAGE, HAVING PERMANENT ADDRESS AT DOOR NO. 10/252/E7 SIVANTHI NAGAR, KAMARAJ NAGAR EAST, PAVOOR CHATRAM, KULASEKAR PATTI, THENKASI TALUK, THIRUNELVELI DISTRICT TAMIL NADU.
BY ADV. SRI.R.B.RAJESH
RESPONDENTS/DEFENDANTS:
1 SATHEESH @SATHEESAN, S/O. SADANANDAN PANICKER, KADAYIL VEEDU, AYYAPPAN KUZHY, PARUTHIKUZHI P.O., UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT 695 541.
2 LEKHA, AGED 50 YEARS W/O. SATHEESAN, KADAYIL VEEDU, AYYAPPAN KUZHY, PARUTHIKUZHI P.O., UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT 695 541.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 822 of 2019
2
JUDGMENT
The petitioner has approached this court
contending that there is substantial delay in the disposal of OS.No.215/2017 pending before the Munsiff Court, Nedumangad. Pursuant to a direction of this court, the learned Munsiff, Nedumangad, by his communication dated 26.3.2019, has informed that the defendants have filed a written statement and an application for amendment filed by the petition is pending consideration. It has been informed that the matter can be taken up and disposed of within six months from the date of reopening.
OP(C).No. 822 of 2019
3
pending before the Munsiff Court, Nedumangad, as expeditiously as possible, at any rate, within a period of six months from the date of reopening after the mid summer holidays.
OP(C) is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
OP(C).No. 822 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE PLAINT IN O.S. NO. 215/2017 DATED 6.3.2017 ON THE FILES OF THE PRINCIPAL MUNSIFFS COURT, NEDUMANGAD.
EXHIBIT P2
TRUE COPY OF THE INTERIM INJUNCTION ORDER PASSED BY THE PRINCIPAL MUNSIFFS COURT NEDUMANGAD DATED 7/3/2017.
EXHIBIT P3
TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S. NO. 215/2017 ON THE FILE OF PRINCIPAL MUNSIFFS COURT, NEDUMANGAD.
EXHIBIT P4
TRUE COPY OF THE AMENDMENT PETITION FILED BY THE PETITIONER/PLAINTIFF AS PER I.A. NO. 272/2019 IN O.S. NO. 215/2017 ON THE FILE OF PRINCIPAL MUNSIFFS COURT, NEDUMANGAD DATED 7/1/2019.
EXHIBIT P5
TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM CIVIL SURGEON, PRIMARY HEALTH CENTRE, ELATHUR, THIRUNELVELI.
RESPONDENT'S/S EXHIBITS NIL
1 issue framed by the court
Whether the order for time-bound disposal of the underlying civil suit can be disposed of without notice to the respondents.
Sarala Kumari
Satheesh @Satheesan
Lekha
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
