This order dismisses a petition seeking priority disposal of a 2023 suit and C.M.A. invoking senior citizen status. The court holds that granting such relief would frustrate earlier litigants, directing instead that priority be accorded per High Court O.M.
Priority disposal to be accorded per H.C. O.M. Order is disposed.
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. 47 OF 2024
AGAINST THE ORDER DATED 15.12.2023 IN I.A.NO.3/2023 IN CMA 119/2023 OF FAST TRACK SPECIAL COURT II, THRISSUR OS 105/2023 OF ASSISTANT SESSIONS COURT/SUB COURT, CHAVAKKAD
PETITIONER/1ST DEFENDANT:
ABDULLAKKUTTY, AGED 75 YEARS, S/O.ARAKKAVEETIL ADAMMU, VADANAPPILLY DESOM & VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680614.
BY ADVS. SANTHOSH P.PODUVAL R.RAJITHA CHITHRA S.BABU
RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 5:
1 BAIJUDDEEN, AGED 45 YEARS, S/O.ARAKKAVEETTIL ABDULLAKKUTTY, THRITHALLOOR DESOM & P.O., VADANAPPILLY VILLAGE. CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680619.
2 MEHARA, AGED 43 YEARS, D/O.ARAKKAVEETTIL ABDULLAKKUTY, VADANAPPILLY VILLAGE & DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PRESENT ADDRESS: MEHARA.A.A., W/O.ABDUL LATHEEF, VETTIKUHILAGATHU HOUSE, P.O. PERUMANNU, KECHERY, THRISSUR DISTRICT, PIN – 680501. 3 FAIROOZ, AGED 40 YEARS, D/O.ARAKKAVEETTIL ABDULLAKKUTY, VADANAPPILLY VILLAGE & DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. PRESENT ADDRESS: FAIROOZ.A.A. W/O.SAINUDHEEN, ARAKKAL HOUSE, P.O.,NELLIKKUNNU, KURA, KALATHODU, THRISSUR, PIN – 680005.
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PRESENT ADDRESS: NILOFER.A.A., W/O.NIZAR.T.N., THAZHATH HOUSE, P.O. THIRUVATHRA, CHAVAKKAD, THRISSUR DISTRICT, PIN – 680516.
THRISSUR DISTRICT, PIN – 680619.
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 1st defendant in the suit, O.S.No.105/2023, and also, the respondent in C.M.A. No.119/2023 pending before the District Court-II (Fast Track), Thrissur. The petitioner seeks expeditious disposal of both the suit and the C.M.A.
2. This Court cannot grant the relief sought for, since the suit and the C.M.A sought to be expedited are of the year 2023. 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, learned counsel for the petitioner points out that the petitioner is a senior citizen. If that be so, the petitioner is entitled to priority in the matter of disposal in terms of the
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official memorandum issued by the High Court, on the administration side. Both the Sub Court, as also, the District Court will give priority to the matter as contemplated in the relevant O.M.
This Original Petition is disposed of, as
above.
Sd/-
C.JAYACHANDRAN, JUDGE
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OP(C) No.47 of 2024
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APPENDIX OF OP(C) 47/2024
PETITIONER'S EXHIBITS:
EXHIBIT-P1 A COPY OF PLAINT IN O.S.NO.105/23 ON THE FILE OF SUB COURT, CHAVAKKAD. EXHIBIT-P2 A COPY OF I.A.2/23 IN O.S.105/23 ON THE FILE OF SUB COURT, CHAVAKKAD. EXHIBIT-P3 A COPY OF COUNTER IN I.A.2/23 IN O.S. NO.105/23 ON THE FILE OF SUB COURT, CHAVAKKAD. EXHIBIT-P4 A COPY OF ORDER DATED 29/11/23 IN I.A. 2/23 IN O.S.NO.105/23 ON THE FILE OF SUB COURT, CHAVAKKAD. EXHIBIT-P5 A COPY OF APPEAL MEMORANDUM IN CMA 119/23 ON THE FILE OF DISTRICT COURT, THRISSUR. EXHIBIT-P6 A COPY OF ORDER DATED 15/12/23 IN I.A. 3/23 IN CMA 119/23 ON THE FILE OF DISTRICT COURT (FAST TRACK COURT NO.II), THRISSUR.
2 issues framed by the court
Whether the petitioner, a senior citizen and first defendant in an O.S. and respondent in a C.M.A., is entitled to priority disposal.
Whether the court can grant expeditious disposal relief for suits filed in 2023 to avoid frustrating earlier litigants.
ABDULLAKKUTTY
BAIJUDDEEN
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
