The High Court of Kerala framed a civil opinion and granted 6 weeks to dispose of a suit pending before the Munsiff Court, Adimaly, considering the pandemic-induced pandemic-related delays requested by the lower court.
The Munsiff Court, Adimaly is directed to dispose of O.S.No.130/2019 within six months from the date of receipt of a copy of this judgment.
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 MRS. JUSTICE SHIRCY V.
MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942
OP(C).No.1388 OF 2020
PETITIONER/DEFENDANT :-
P.K.GEORGE AGED 60 YEARS S/O.KURIEN,ANTHIRUPARAYIL HOUSE, DESEEYAMKARA,POTTENKADU.P.O, BISONVALLEY VILLAGE,UDUMBANCHOLA TALUK.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS/PLAINTIFFS :-
1 CICILY AUGUSTINE EDAKARA HOUSE,POTTANAKADU, POTTENKADU.P.O, BISONVALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI-685565.
2 SOLY AUGUSTINE, EDAKKARA HOUSE,POTTANAKADU, POTTENKADU.P.O, BISONVALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI-685565.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1388 OF 2020
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JUDGMENT
Dated this the 05th day of October 2020
The defendant in O.S.No.130/2019 on the file
of the Munsiff Court, Adimaly has filed this O.P seeking the following reliefs :-
i) direct the Munsiff Court, Adimali to hear and dispose of O.S.No.130/2019 pending before the Court as early as possible within a time limit fixed by this Honourable Court.
ii) issue such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case to grant including the cost of these proceedings.
from the court concerned, it is seen that the
learned Munsiff has requested to grant 6 months time
to dispose of the case, due to the outbreak of Covid-19 pandemic.
It is the common knowledge that courts are
not functioning as earlier due to Covid 19.
Considering the present situation, I think that the
OP(C).No.1388 OF 2020
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time required by the court for disposal of the case appears to be quite reasonable. Hence, the report is accepted and the learned Munsiff, Adimali is directed to dispose of O.S.No.130/2019 within a
period of six months from the date of receipt of a copy of this judgment.
Sd/-
SHIRCY V. JUDGE
SMA
OP(C).No.1388 OF 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT O.S.NO.213/2014 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT,DEVIKULAM DATED 16.7.2014 EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM IN O.S.NO.130/2019 FILED BY THE PETITIONER BEFORE THE COURT OF MUNNR SPECIAL TRIBUNAL DATED 10.7.2015.
RESPONDENT(S) EXHIBITS :- NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the time fixed by the lower court for disposal of the pending suit, considering the pandemic, is reasonable.
Whether the direction for disposal within six months should be accepted.
2 provisions across 2 enactments
P.K. GEORGE
CICILY AUGUSTINE
SOLY AUGUSTINE
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
