This order applies Article 227 powers to direct the Munsiff Court, Varkala, to dispose of O.S. No. 42/2018 on or before 31.03.2023. The court dispensed with notice to certain respondents for this limited order.
Direction to the Munsiff Court, Varkala to dispose of O.S. No. 42/2018 on or before 31.03.2023.
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 C.S.DIAS
TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944
OP(C) NO. 371 OF 2022
FOR EARLY DISPOSAL OF O.S. NO. 42/2018 ON THE FILE OF MUNSIFF'S
COURT, VARKALA
PETITIONER/1ST DEFENDANT:
LAKSHMI AMMAL, AGED 90 YEARS, D/O SUPPU CHETTIAR, RESIDING AT KALLUVILAKATHU VEEDU, KURAKKANI DESOM, VARKALA VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695141. BY ADV M.DINESH
RESPONDENTS/PLAINTIFF & DEFENDANTS 2 TO 7:
1 THANKAMMA, AGED 73 YEARS, D/O SUPPU CHETTIYAR, DEVI NIVAS, PUNNAMOODU EAST, VARKALA P O, THIRUVANANTHAPURAM DISTRICT, PIN-695---
2 JAYAN, AGED 56 YEARS, S/O LEKSHMANAN CHETTIYAR, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
3 RAJAN, AGED 54 YEARS, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
4 SUBRAMANYAN, AGED 47 YEARS, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
O.P.(C)No.371 of 2022
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5 BIJU, AGED 45 YEARS, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
6 SUJU, AGED 45 YEARS, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
7 GEETHA, AGED 52 YEARS, MANNOORKONATHU VEEDU, VELLALLOOR P O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.371 of 2022
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JUDGMENT
Dated this the 21st day of June, 2022
The original petition is filed, to direct the
Court of the Munsiff, Varkala, to consider and dispose of O.S.No.42/2018 within a time frame.
2 . Pursuant to the Order dated 23.02.2022
passed by this Court, the learned Munsiff, Varkala, has by communication dated 03.03.2022 informed this Court that all sincere efforts will be taken to dispose of the case within a period of eight months.
O.P.(C)No.371 of 2022
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respondents 5 and 6.
This original petition is ordered accordingly.
Sd/- C.S.DIAS Judge
NR/21/06/2022
O.P.(C)No.371 of 2022
APPENDIX
PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.42/2018 ON THE FILES OF THE MUNSIFF'S COURT VARKALA DATED 24.01.2018. Exhibit P2 TRUE COPY OF WRITTEN STATEMENT IN OS NO.42/2018 ON THE FILE OF MUNSIFF'S COURT, VARKALA DATED 19.06.2019.
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the Munsiff Court, Varkala, can be directed to dispose of O.S. No. 42/2018 within a specific time frame under Article 227 powers.
1 provisions across 1 enactments
Lakshmi Ammal
Thankamma
Jayan
Rajan
Subramanyan
Biju
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court