Allowed

Susan Philip @ Susannamma Varughese v. Philip Mathew

Kerala HC23 Feb 2023OP(C)/157/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, exercising supervisory powers under Article 227, directed the Munsiff Court to dispose of Application No. 7/2023 in OS No. 98/2020 within one month. The matter concerns a suit likely involving maintenance, given the context of the High Court's intervention for early disposal.

What did the court decide?

Direct the Munsiff Court at Chengannur to consider and dispose of I.A. No. 7/2023 in OS No. 98/2020 within one month.

Susan Philip @ Susannamma Varughese Vs Philip Mathew — Service and Employment | Kerala HC (2023)

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OP(C) NO. 157 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

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OP(C) NO. 157 OF 2023

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OS 98/2020 OF MUNSIFF COURT,CHENGANNUR

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PETITIONER/S:

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1SUSAN PHILIP @ SUSANNAMMA VARUGHESE
AGED 49 YEARS
W/O. PHILIP MATHEW, POWATTHU BUNGLOW HOUSE, KODUKULANJI
MURI, AALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
DISTRICT. NOW RESIDING AT KAVILA VEETTIL, KAYAPURTH
HOUSE, THIRUVALLA P.O., PALIYEKKARA MURI, THIRUVALLA
VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.,
PIN - 689101

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2VARUGHESE MATHEW
AGED 70 YEARS
KAYIPRATHU KAVILE VEEDU NEAR YMCA, THIRUVALLA VILLAGE,
THIRUVALLA TALUK, ALAPPUZHA DISTRICT., PIN - 689101
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS

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RESPONDENT/S:

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PHILIP MATHEW
AGED 59 YEARS
S/O KORUTH P MATHEW,POWATH BUNGLOW HOUSE, KODUKULANJI
MURI, AALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
DISTRICT., PIN - 689126
BY ADV JACOB CHACKO

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 157 OF 2023

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JUDGMENT

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The original petition is filed to direct the Court of the Munsiff, Chengannur, to consider and dispose of I.A.Nos.1 and 2 of 2023 in O.S.No.98/2020 within a reasonable time period.

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Pursuant to the order dated 20.01.2023 passed by this Court, the learned Munsiff, Chengannur, by communication dated 23.01.2023, has informed this Court that I.A.Nos.2/2020 and 3/2020 are filed for injunctions, I.A.No.5/2022 is filed for service of notice on the 1^st defendant, I.A.No.4/2022 is filed for accepting written statement, I.A.No.6/2023 is filed for amendment of the plaint and I.A.No.7/2023 is filed for hearing the maintainability of the suit. The suit stands posted for filing of written statement to 14.02.2023.

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Heard, Sri.P.Haridas, the learned counsel appearing for the petitioners and Sri.Jacob Chacko, the learned counsel appearing for the respondent.

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Today, when the original petition was taken up for

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OP(C) NO. 157 OF 2023

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consideration, Sri.Haridas submitted that the petitioners are confining the original petition to early disposal of I.A. No.7/2023.

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In the light of the pleadings and materials on record, after perusing the communication of the learned Munsiff and the present submission made by the learned counsel appearing for the petitioners, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Chengannur, to consider and dispose of I.A. No.7/2023, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

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The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

okb/23.2.23

//True copy// P.S. to Judge

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OP(C) NO. 157 OF 20234

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APPENDIX OF OP(C) 157/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PLAINT IN OS NO. 98/2020
BEFORE THE MUNSIFF COURT, CHENGANNUR DATED
08.06.2020
Exhibit P2TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE 1ST PETITIONER IN OS NO. 98/2020 BEFORE
THE MUNSIFF COURT, CHENGANNUR DATED
15.07.2022
Exhibit P3TRUE COPY OF THE IA NO. 1/2023 IN OS NO.
98/2020 BEFORE THE MUNSIFF COURT, CHENGANNUR
DATED 05.01.2023
Exhibit P4TRUE COPY OF THE I.A.NO. 2/2023 IN OS NO.
98/2020 BEFORE THE MUNSIFF COURT, CHENGANNUR
DATED 18.01.2023

Susan Philip @ Susannamma Varughese v. Philip Mathew

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Susan Philip @ Susannamma Varughese v. Philip Mathew

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