The High Court at Ernakulam disposed of the petition. The bench acknowledged that granting the sought relief for an old suit would frustrate other litigants but ordered the Subjudge to give priority to the petitioner as a senior citizen.
Order that the learned Subjudge give priority to the petitioner's suit based on her senior citizen status.
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. JAYACHANDRAN
TUESDAY, THE 9TH DAY OF JANUARY 2024/19TH POUSHA, 1945
OP(C) NO.43 OF 2024
AGAINST THE ORDER IN CMA 14/2023 IN OS 45/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOLLAM/IV ADDL.M.A.C.T.
PETITIONER/APPELLANT/PLAINTIFF:
T.L.LALITHAMBA, AGED 79 YEARS, W/O.LATE BALAKRISHNA PILLAI, KRISHNA VILASAM BUNGALOW, AREEKAL BHAGAM, VENDAR, NEDUVATHOOR, KOLLAM, PIN – 691506.
BY ADVS. ASHIK K.MOHAMED ALI VISHNU V. NAIR MUHAMMED RIFA P.M.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
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6 HRIDIK KRISHNA, KRISHNA VILASAM BUNGALOW, AREEKAL BHAGAM, VENDAR, NEDUVATHOOR, KOLLAM, PIN – 691507.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated, this the 9th January, 2024
The petitioner herein is the plaintiff in O.S. No.45/2020 pending before the Sub Court, Kottarakkara. She seeks expeditious disposal of the
said suit.
2. This Court is not inclined to grant the relief sought for, since the suit sought to be expedited is of the year 2020. The relief, if granted, may frustrate the legitimate expectations of those litigants, who have filed cases earlier and are waiting in the queue for adjudication and disposal.
3. However, based on the submission made by the
learned counsel for the petitioner that the petitioner is a senior citizen, the learned Sub Judge will give priority on that ground, as enjoined by the official memorandum issued by the
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High Court, on the administration side.
This Original Petition is disposed of, as
above.
Sd/-
C.JAYACHANDRAN, JUDGE
ww
OP(C) No.43 of 2024
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APPENDIX OF OP(C) 43/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.45 OF 2020 BEFORE THE HONOURABLE SUB COURT, KOTTARAKKARA.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 28-02-2022 FILED BY RESPONDENT NOS.1 TO 3 IN OS NO.45 OF 2020 BEFORE THE HONOURABLE SUB COURT, KOTTARAKKARA. EXHIBIT P3 TRUE COPY OF IA NO.3 OF 2022 FILED BY RESPONDENT NOS.1 TO 3 IN OS NO.45 OF 2020 BEFORE THE HONOURABLE SUB COURT, KOTTARAKKARA. EXHIBIT P4 TRUE COPY OF THE STATEMENT OF OBJECTION FILED BY THE PETITIONER IN IA NO.3 OF 2022 IN OS NO.45 OF 2020 BEFORE THE HONOURABLE SUB COURT, KOTTARAKKARA. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22-02-2023 IN IA NO.3 OF 2022 IN OS NO.45 OF 2020 BEFORE THE HONOURABLE SUB COURT, KOTTARAKKARA. EXHIBIT P6 TRUE COPY OF CMA NO.14 OF 2023 PENDING BEFORE THE HONOURABLE V-ADDITIONAL DISTRICT COURT, KOLLAM
2 issues framed by the court
Whether an order expediting the disposal of a pending civil suit filed in 2020 should be granted.
Whether priority under the official memorandum for senior citizens justifies granting the relief sought.
T.L.Lalithamba
A.R. Meenakshi Amma
Rani Maya @ Rani Krishna
Lekshmi Krishna
Dr.M.R.Bindhu
Gautam Krishna
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
