The High Court of Kerala, in O.P.(C) No.279 of 2021, directed the Additional Sub Court, Trissur, to dispose of the connected O.S. No.326 of 2019 within nine months to avoid hardship to a senior citizen petitioner.
Ordered the subordinate court to dispose of O.S. No.326 of 2019 within nine 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 T.V.ANILKUMAR
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
OP(C).No.279 OF 2021
OS 326/2019 OF II ADDITIONAL SUB COURT,THRISSUR
PETITIONER/PLAINTIFF:
ASOK KUMAR
AGED 76 YEARS
S/O. KRISHNAN NAIR, PUTHIYADATHU HOUSE, SOLAR APARTMENTS,IRINGAPRAM, PUTHANPALLI, CHAVAKKAD, THRISSUR 676 102, NOW RESIDING AT 4C, SANTHI SAVERA WARRIAM ROAD, COCHIN 682 016
BY ADV. SRI.RAHUL SASI
RESPONDENTS/DEFENDANTS:
2 JOHN RAFI, AGED 53 YEARS S/O. LATE JOSEPH MASTER, KANJIRATHINGAL HOUSE, VENKIDANG VILLAGE, PADOOR P.O, CHAVAKKAD, THRISSUR 680 524
3 JOY
AGED 49 YEARS S/O. LAZAR, CHIRYANKANDATH HOUSE, MULLASSERRY P.O, CHAVAKKAD, THRISSUR 680 511
O.P.(C)No.279 of 2021
:-2-:
4 SHYJU AGED 46 YEARS S/O. RAJAN, CHETHIKATTIL HOUSE, MULLASSERY P.O, CHANGALAYI CHAVAKKAD, THRISSUR 680 511
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.279 of 2021
:-3-:
Dated this the 7th day of April, 2021
J U D G M E N T
The petitioner, who is the plaintiff in
O.S.No.326 of 2019, seeks to issue a direction to
the court below to dispose of the suit finally within a time frame to be fixed by this Court.
petitioner.
senior citizen and in case disposal of the suit is delayed, he will be put to irreparable hardship and injuries. A report was called for from the court
below in this respect and in the report dated 22.3.2021, the court below has made a statement
that the matter could be disposed of finally within a period of nine months.
In the result, the original petition is allowed
calling upon the court below to dispose of
O.P.(C)No.279 of 2021
:-4-:
O.S.No.326 of 2019 within a period of nine months
from the date of production of certified copy of
this judgment.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR
JUDGE
ami/
O.P.(C)No.279 of 2021
:-5-:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S 326 OF 2019 ON THE FILES OF THE HON'BLE ADDITIONAL SUB COURT-II, THRISSUR
EXHIBIT P2
THE SCREENSHOTS OF THE CASE STATUS AND DAILY PROCEEDINGS IN O.S 326 OF 2019 ON THE FILES OF THE ADDITIONAL SUB COURTII, THRISSUR (SERIES).
1 issue framed by the court
Whether to direct the subordinate court to dispose of an ongoing civil suit within a specific timeline.
ASOK KUMAR
M/S. USHA BUILDERS AND DEVELOPERS PRIVATE LIMITED
JOHN RAFI
JOY
SHYJU
T.V. ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
