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Viswanathan v. Binoj

Kerala HC28 Oct 2020OP(C)/1411/2020

Case brief

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What is this about?

This petition urged the High Court to direct the trial court to decide a long-pending property suit within three months. The High Court granted leave to dispose of the suit on or before the Mid Summer Vacation 2021 due to the petitioner's old age and the availability of the commission report.

What did the court decide?

Directing the trial court to dispose of O.S.No.251/2014 on or before the closing of courts for Mid Summer Vacation 2021

Viswanathan Vs Binoj — Civil Procedure and Limitation | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942

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OP(C).No.1411 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OS 251/2014 OF I ADDITIONAL MUNSIFF COURT, THRISSUR

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PETITIONER/PLAINTIFF:

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VISWANATHAN

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AGED 83 YEARS

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S/O.KUTTAPPU, PANDIRIKKAL HOUSE, PUZHAKKAL DESOM, PUZHAKKAL VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, NOW RESIDING AT B 505, USHANAGAR VILLAGE ROAD, BHANDUP(WEST), MUMBAI-400 078.

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BY ADV. SRI.P.JINISH PAUL

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RESPONDENTS/DEFENDANTS:

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1 BINOJ

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AGED 45 YEARS

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S/O.KOCHUNNY, CHERUVATHUR HOUSE, KANIYAMBAL DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR.

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2 VICTOR,

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AGED 54 YEARS

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S/O.ITTIKKURU, THEKKEKKARA HOUSE, KANIYAMBAL DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No.1411 OF 2020

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JUDGMENT

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Dated this the 28th day of October 2020

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The plaintiff in O.S.No.251/2014 pending before the 1^st Additional Munsiff Court, Thrissur has filed this petition seeking the following reliefs:

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i) Direct the 1^st Addl.Munsiff's Court, Thrissur to obtain an interim Commission Report after identifying the properties of the plaintiff and defendants on the basis of their respective title deeds and revenue records to decide the right of the defendants over any piece of land in the plaint schedule properties.

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ii) Direct the 1^st Addl.Munsiff's Court, Thrissur to dispose the Ext.P1 suit as early as possible within a time frame of 3 months, considering the age and urgency of the petitioner having regard to Ext.P3 & P4 reports.

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OP(C).No.1411 OF 2020

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Pursuant to the filing of this petition, I have called for a report from the 1^st Additional Munsiff Court, Thrissur through Registry, regarding the time required for disposal of the case pending before that court, as the petitioner/plaintiff is an octogenarian. The learned 1^st Additional Munsiff has reported that one year time is required after filing of the report by the Advocate Commissioner as the case stands posted for commission report.

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But it is submitted by the learned counsel for the petitioner that the Commissioner has filed the report on 21.10.2020. More over as the suit is of the year 2014 and the petitioner being an octogenarian, he deserves preference.

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Considering these facts and that the Commissioner has already filed the report, I think that this petition can be disposed of in the interest of Justice, directing the court below to dispose of the case at the earliest, at any rate on or before the closing date of the courts for Mid Summer Vacation 2021.

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OP(C).No.1411 OF 2020

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Therefore, the learned 1^st Additional Munsiff, Thrissur shall

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dispose of O.S.No.251/2014 on or before closing of the courts for Mid Summer Vacation 2021.

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The Original Petition is disposed of accordingly.

Sd/-

SHIRCY V.

JUDGE

mpm

OP(C).No.1411 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OS NO.251/2014 ON THE FILES OF 1ST ADDL.MUNSIFF'S COURT, THRISSUR. EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.251/2014 ON THE FILES OF 1ST ADDL.MUNSIFF'S COURT, THRISSUR. EXHIBIT P3 THE TRUE COPY OF THE REPORTS DATED 18.03.2020. EXHIBIT P4 THE TRUE COPY OF THE REPORTS DATED 26.05.2020. EXHIBIT P5 THE TRUE COPY OF THE INTERIM COMMISSION REPORT DATED 20/11/2019. EXHIBIT P6 THE TRUE COPY OF THE INFORMATION AVAILABLE IN THE CASE INFORMATION SYSTEM MAINTAINED IN THE E-COURTS WEBSITE.

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// TRUE COPY // P.A. TO JUDGE

Viswanathan v. Binoj

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Viswanathan v. Binoj

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