This writ petition under Article 226 sought an expeditious disposal of a pending appeal. The court directed the Sub Court to dispose of the matter within two months instead of the sought three months.
The court directed the Sub Court to dispose of the appeal 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 MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 12TH DAY OF OCTOBER 2022/20TH ASWINA, 1944
OP(C) NO. 1579 OF 2022
FOR AN EXPEDITIOUS DISPOSAL OF A.S.NO.53/2015 ON THE FILES OF
SUB COURT, NEDUMANGAD
PETITIONER/RESPONDENTS/DEFENDANTS 1 AND 3:
1 LEKSHMI R. NAIR, AGED 67, W/O RAMACHANDRAN NAIR, MAITHANVILLA, HINDUMISSION ROAD, EAST SIDE OF SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 DR. AJAYAKUMAR, AGED 42, S/O.RAMACHANDRAN NAIR, MAITHANVILLA, HINDUMISSION ROAD, EAST SIDE OF SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001BY ADV SRI.RAJESH P.NAIR
RESPONDENT/APPELLANTS & 2ND RESPONDENT/PLAINTIFFS AND 2ND DEFENDANT:
1 SREE NANCHALLOOR DEVI TEMPLE, REPRESENTED BY 2ND RESPONDENT,K. MURALEEDHARAN NAIR, AGED 64, S/O KRISHNA PILLAI, RESIDING AT JAYA VILASOM, KAVINPURAM, NANCHALLOOR, KURUTHUMCODE, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM, PIN – 695 5722 K. MURALEEDHARAN NAIR, AGED 64, S/O. KRISHNA PILLAI, RESIDING AT JAYA VILASOM, KAVINPURAM, NANCHALLOOR, KURUTHUMCODE, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM, PIN- 6955723 DAMODHARAN NAIR, AGED 72, S/O NEELAKANDA PILLAI, VINEEKA, HOUSE NO.215, GANDHI NAGAR,ERNAKULAM, PIN- 682020BY ADVS.SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SRI.AJIT G ANJARLEKAR
SRI.ATUL MATHEWS
SMT.GAYATHRI S.B.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) No.1579 of 2022
2
JUDGMENT
Dated this the 12th day of October, 2022.
This petition is filed under Article 227 of the Constitution of India seeking for a direction to Sub Court, Nedumangad (for short ‘the court below’) to dispose of AS No.53/2015 pending on it’s file in an expeditious manner.
concerned. In the report it has been stated by the officer that the appeal stands posted for hearing. The court below has also reported that 3207 cases are pending for disposal, out of which about 1287 cases are 5+ year old matters. Accordingly the court below has sought for three months’ time for disposal of the appeal.
This Court finds that since the Appeal stands posted for hearing, it can be disposed of within a period of two months. Issuing such a direction, O.P.(C) stands disposed of.
Sd/-
MARY JOSEPH JUDGE
MJL
O.P(C) No.1579 of 2022
3
A PPENDIX OF OP(C) 1579/2022
PETITIONERS’ EXHIBITS:
EXHIBIT P1TRUE COPY OF THE SAME JUDGMENT DATED
07.03.2015 IN O.S. NO.744/2009 PASSED BY THE
ADDITIONAL MUNSIFF COURT, NEDUMANGAD
EXHIBIT P2TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.
NO.53/2015 DATED 31.07.2015 FILED BY THE
RESPONDENT NOS.1 AND 2 HEREIN BEFORE THE SUB
COURT, NEDUMANGAD
EXHIBIT P3TRUE COPY OF THE 'B' DIARY SHOWING THE
PROCEEDINGS AND CASE DETAILS OF THE SAID
APPEAL SUIT NO.53/2015 DATED 31.7.2015 ON
THE FILE OF SUB COURT, NEDUMANGAD
RESPONDENTS’ EXHIBITS: NIL
TRUE COPY
PA TO JUDGE
1 issue framed by the court
Whether the learned judicial officer should be directed to dispose of the pending appeal expeditiously.
1 provisions across 1 enactments
Lekshmi R. Nair and others
K. Muraliadharan Nair and others
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court