Single Judge disposed of a petition questioning delay in disposal of a civil suit by directing the trial court to include the matter in the July list and dispose of it expeditiously within two months of posting for trial.
Direction to include the matter in the July list and dispose of as expeditiously as possible within two 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
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
OP(C).No. 947 of 2019
AGAINST THE ORDER/JUDGMENT IN OS 442/2014 of ADDITIONAL MUNSIFF COURT, KANNUR
PETITIONER:
T.C.MAMOOTTY, AGED 63 YEARS, S/O.HYDROS, ANJARAKKANDY AMSOM, KAMATH DESOM, P.O.MAMBA, KANNUR-670611.
BY ADV. SRI.A.C.VENUGOPAL
RESPONDENTS:
1 KELOTH PUTHIYA PURAYIL NOORUDDEEN, AGED 64 YEARS, KELOTH PUTHIYA PURAYIL HOUSE, CHELERI AMSOM AND DESOM, P.O.CHELERI, KANNUR DIST.- 670601
2 SEENATH, AGED 58 YEARS, D/O.MUHAMOOD, KUNIYIL HOUSE, PUZHATHI DESOM, P.O.CHELERI, KANNUR DISTRICT.
3 VILLAGE OFFICER, CHELERI VILLAGE KANNUR DISTRICT, PIN-670604.
4 M.C.SEENATH, AGED 40 YEARS, D/O MAMMY, MUKRI CHIRAMOOTTIL HOUSE, KAYYANKODE, CHELERI AMSOM, KARAYAPA DESOM, P.O.CHELERI, KANNUR-670604.
OP(C).No. 947 of 2019
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5 M.C.AMEER, AGED 45 YEARS, S/O.MAMMY, MUKRI CHIRAMOOTTIL HOUSE, CHIRAKKAL AMSOM, PUZHATHI DESOM, P.O.KATTAMPALLY, KANNUR-670011.
BY ADV.
SR.GP SRI.M.I.JOHNSON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 947 of 2019
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JUDGMENT
The petitioner herein has approached this Court alleging that, there is substantial delay in the disposal of the O.S.No.422 of 2014, pending before the Additional Munsiff's Court, Kannur. He seeks a direction for an early disposal of the matter.
2. 3rd respondent has appeared through the learned
Senior Government Pleader. Pursuant to the direction of this Court, the learned Munsiff, Kannur, by her communication dated 08.04.2019 has informed that, the case now stands posted on 06.06.2019 for framing issues and it is proposed to be included in the special list of July for trail. The learned Munsiff has assured to dispose of the case within two months from the date of listing.
3. Having considered the request made by the
learned Munsiff, which appears to be reasonable, I am inclined to dispose of the original petition itself with a direction to include the matter in the July list
OP(C).No. 947 of 2019
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and to dispose of as expeditiously as possible, at any rate within an outer limit of two months from the date
posted for trial.
Sd/-
SUNIL THOMAS
JUDGE
VPK
OP(C).No. 947 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.442/2014 OF ADD.MUNISFF COURT, KANNUR. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WP(C)NO.20656/2013 DATED 04/06/2014 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P3 TRUE COPY OF WRITTEN STATEMENT FILED BY 1ST DEFENDANT IN O.S.NO.442/2014 BEFORE THE ADD.MUNISFF COURT KANNUR EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD DEFENDANT IN O.S.NO.442/2014 BEFORE THE ADD.MUNSIFF COURT, KANNUR. EXHIBIT P5 TRUE COPY OF THE I.A.NO.1822/2018 IN O.S.NO.442/2014 EXHIBIT P6 TRUE COPY OF THE ORDER IN I.A.NO.1822/2018 IN O.S.NO.422/2014 DATED 09.11.2018. EXHIBIT P7 TRUE COPY OF WRITTEN STATEMENT FILED BY SUPPLEMENTAL 4TH AND 5TH DEFENDANT IN O.S.NO.442/2014 BEFORE THE ADD.MUNSIFF COURT KANNUR.
//TRUE COPY //
PA TO JUDGE
VPK
1 issue framed by the court
Whether petition praying for disposal of adjourned suit due to substantial delay should be disposed of.
T.C. Mamootty
Keloth Puthiya Purayil Noorudeen
Seenath
Village Officer, Chereri
M.C. Seenath
M.C. Ameer
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
