Disposed

Koshy Varghese, v. Annamma Mathew

Kerala HC10 Jan 2024OP(C)/62/2024

Case brief

AI extract

What is this about?

The petitioner sought expedited disposal of a pending suit and an interim application. The Court declined the main prayer to protect the queue of other litigants but directed the Munsiff Court to hear and dispose of the interim application within one month.

What did the court decide?

Direction to the Munsiff Court, Punalur, to hear and dispose of Ext.P8 application within one month from receipt of judgment.

Koshy Varghese, Vs Annamma Mathew — Civil Procedure and Limitation | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

¶4

WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945

¶5

OP(C) NO. 62 OF 2024

¶6

 OS 121/2021 OF MUNSIFF COURT, PUNALUR

¶7

PETITIONER/PLAINTIFF IN OS:

¶8

1KOSHY VARGHESE,
AGED 62 YEARS
S/O VARGHESE, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE,
PUNALUR TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305
BY ADVS.

¶9

NIRMAL V NAIR
ANEES.T

¶10

RESPONDENTS / DEFENDANTS IN OS:

¶11

1ANNAMMA MATHEW,
AGED 60 YEARS
W/O MATHEW, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE, PUNALUR
TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305
2BINDU.M,
AGED 38 YEARS

¶12

D/O ANNAMMA MATHEW, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE,
PUNALUR TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305

¶13

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

O.P.(C.) No.62 of 2024

¶15

¶16

C.JAYACHANDRAN, J.

¶17

O.P.(C.) No.62 of 2024

¶18

Dated this the 10^th day of January, 2024

¶19

JUDGMENT

¶20

This Original Petition preferred by the plaintiff in O.S. No.121/2021 is pending before the Munsiff Court, Punalur. The petitioner seeks expeditious disposal of the said suit. As an interim relief, the petitioner seeks expeditious disposal of Ext.P8 application, which is one preferred by the defendants (respondents herein) seeking to set aside an ex-parte order against them.

¶21

Having regard to the main relief, this Court is not inclined to allow the same, as the same may frustrate the legitimate expectations of those litigants who have preferred cases earlier and who are waiting in the queue for adjudication. As regards the interim relief, which this Court proposes to grant as the main relief, there will be a direction to the learned Munsiff, Punalur,

¶22

O.P.(C.) No.62 of 2024

¶23

¶24

to hear and dispose of Ext.P8 application, within a period of one month from the date of receipt of a copy of this judgment.

¶25

The Original Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/10-01

O.P.(C.) No.62 of 2024

¶31

¶32

APPENDIX OF OP(C) 62/2024

¶33

`PETITIO`	`NER’S EXH`	`IBITS:`
`EXHIBIT`	`P1`	`A TRUE COPY OF THE PLAINT DATED 9-4-2021 IN OS` `NO. 121/2021 ON THE FILES OF MUNSIF COURT,` `PUNALUR`
`EXHIBIT`	`P2`	`A TRUE COPY OF THE IA.NO.2/2021 DATED 9-4-2021` `IN OS NO. 121/2021 ON THE FILES OF MUNSIF` `COURT, PUNALUR`
`EXHIBIT`	`P3`	`A TRUE COPY OF THE REPORT DATED 29-7-2021` `SUBMITTED BY THE ADVOCATE COMMISSIONER ALONG` `WITH THE MAHAZAR AND SKETCH DATED 10-4-2021`
`EXHIBIT`	`P4`	`A TRUE COPY OF THE CASE PROCEEDINGS IN OS NO.` `121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR` `OBTAINED FROM KOLLAM.DCOURTSGOV.IN`
`EXHIBIT`	`P5`	`A TRUE COPY OF THE CASE STATUS REPORT DATED 13-` `9-2023 IN OS NO. 121/2021 ON THE FILES OF` `MUNSIF COURT, PUNALUR`
`EXHIBIT`	`P6`	`A TRUE COPY OF THE EX PARTE PROOF AFFIDAVIT` `FILED BY THE PETITIONER`
`EXHIBIT`	`P7`	`A TRUE COPY OF THE CASE STATUS REPORT DATED 3-` `11-2023 IN OS NO. 121/2021 ON THE FILES OF` `MUNSIF COURT, PUNALUR`
`EXHIBIT`	`P8`	`A TRUE COPY OF THE PETITION DATED 29-11-2023` `SUBMITTED BY THE RESPONDENTS`
`EXHIBIT`	`P9`	`A TRUE COPY OF THE CASE STATUS REPORT DATED 29-` `11-2023 IN O.S. NO. 121/2021 ON THE FILES OF` `THE MUNSIF COURT, PUNALUR`

¶34

RESPONDENTS' EXHIBITS:NIL

¶35

TRUE COPY

¶36

P.A. TO JUDGE

Koshy Varghese, v. Annamma Mathew

Case brief

What is this about?

What did the court decide?

Koshy Varghese, v. Annamma Mathew

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Idukki Cable Vision Private Limited Vs Asst.Engineer

T.L. Lalithamba Vs A.R. Meenakshi Amma

Abdullakkutty Vs Baijuddeen

Sheeba Marry Vs Raju Y

Thaha Vs Naasila

Marykkutty Ipe Vs Balarajan