Disposed

K. Hemambika v. P K Unni

Kerala HC14 Sept 2023OP(Crl.)/235/2023

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What is this about?

The High Court of Kerala disposed of an original petition seeking expeditious disposal of a pending maintenance suit. The Court directed the trial court to dispose of the case within four months of receiving the certified copy of this judgment, citing the petitioner's senior citizen status and health.

What did the court decide?

Direction to the trial court to dispose of MC No.15 of 2021 within four months of receipt of certified copy.

K. Hemambika Vs P K Unni — Civil Procedure and Limitation | Kerala HC (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 GOPINATH P.

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THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
OP(CRL.) NO. 235 OF 2023

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 MC 15/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,PALAKKAD
PETITIONER/PETITIONER:

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K. HEMAMBIKA
AGED 71 YEARS
W/O. PATHARI KOMANUNNI, VII/91, LAKSHMI VIHAR,
PUDUPPARIYARAM POST, PALAKKAD, PIN - 678731
BY ADVS.
A.V.INDIRA
AKHIL RAJ
LIYA ELZA ALEX

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RESPONDENTS/RESPONDENTS :

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1P K UNNI
AGED ABOUT 79 YEARS
S/O CHELAKKADA GOVINDAN NAIR,
VII/91 - LAKSHMI VIHAR,
PUDUPPARIYARAM POST,
PALAKKAD - 678731
PRESENTLY RESIDING AT, PATHARI HOUSE,
NEAR AYANARI AYYAPPA TEMPLE, KERALASSERY,
PALAKKAD, PIN - 678613
2RAMESH PATHERI
S/O P.K UNNI, AGED ABOUT 47 YEARS,
ADVOCATE, NEAR TASTE BAKERY, CHITTOOR ROAD,
AYYAPPANKAVU, KOCHI, KERALA, PIN - 682018

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(Crl)No.235 of 2023

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J U D G M E N T

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This original petition has been filed seeking an expeditious disposal of MC No.15 of 2021 pending before the Judicial First Class Magistrate’s Court-III, Palakkad. This Court, by order dated 21.03.2023, called for a report from the Judicial First Class Magistrate’s Court-III, Palakkad. A report dated 29.03.2023 has been placed on record where, it is stated as follows;

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“Taking into consideration all the facts and circumstances of this case, this Court had posted the case to 01.04.2023, for the immediate steps of the petitioner to choose her mode of giving evidence. In the light of the health condition of the petitioner who is a senior citizen and also the age of the respondent No.1, this Court understands that this MC must be disposed of as soon as possible. However, this Court is uninformed of the quantity of evidence which would be adduced from the sides of both petitioner and respondents. Once this matter was referred for mediation but it was in vain. Today, this Court has video conference facility and choosing that mode is not laborious and will not cause any agony to the parties to the proceedings.

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In view of the above facts and circumstances, it is most humbly submitted that this Court would

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O.P.(Crl)No.235 of 2023

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need at least four month’s time to dispose of this case and the same may be kindly granted.”

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Today, the learned counsel appearing for the

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petitioner would submit that the evidence of the petitioner has been recorded and the evidence of the respondents in MC No.15 of 2021 is yet to be recorded. It is stated that the respondents have been repeatedly taking time from the Court stating that the second respondent herein is an Advocate of this Court.

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Having heard the learned counsel for the petitioner and considering the report of the Judicial First Class Magistrate’s Court-III, Palakkad, I am of the view that this original petition can be disposed of directing the Judicial First Class Magistrate’s Court-III, Palakkad to dispose of MC No.15 of 2021 within a period of four months from the date of receipt of a certified copy of this judgment.

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The Registry shall forthwith forward a copy of this judgment to the Judicial First Class Magistrate’s Court-III, Palakkad for compliance.

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GOPINATH P., JUDGE

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Sd/-

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rkj

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O.P.(Crl)No.235 of 2023

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APPENDIX OF OP(CRL.) 235/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE MC NO. 15/2021 ON
24.02.2021 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, PALAKKAD
ALONG WITH THE INTERIM ORDER
Exhibit P2TRUE COPY OF THE MEDICAL RECORDS OF THE
PETITIONER

K. Hemambika v. P K Unni

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K. Hemambika v. P K Unni

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