Plaintiff of a pending suit before the Principal Munsiff Court, Cherthala sought its early disposal through an Original Petition under the High Court. After the Munsiff reported needing four months, the High Court directed disposal of the suit within four months.
Direction to Principal Munsiff, Cherthala to dispose of O.S. No.53/2019 within four months.
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
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
OP(C) NO. 98 OF 2024
OS 53/2019 OF PRINCIPAL MUNSIFF COURT, CHERTHALA
PETITIONER(S)/PLAINTIFF:
P.A.MATHEW THARAKAN,
AGED 73 YEARS
S/O. P.V.ABRAHAM THARAKAN, PENSIONER, KOOTTUNGAL PARAYIL,
36/ ANSALS RIVER DALE, EROOR NORTH P.O, ERNAKULAM, PIN -
682306
BY ADVS.
K.S.BABU
N.SUDHA
BABU SHANKAR
ALVIN JEWEL S.S.
VIDHYA T.U.
MENINO FUTO
SREELAKSHMI B.T.
RESPONDENT(S)/ DEFENDANTS:
1 MATHAIAGED 40 YEARS
S/O.OUTHA, MASON, ILANJIYIL, ULAVAYPU MURI, THAIKKATTUSSERI
VILLAGE ULAVAYPU.P.O-, PIN - 688526
2MARTIN
AGED 35 YEARS
S/O OUTHA, WORKER, ILANJIYIL, ULAVAYPU MURI, THAIKKATTUSSERI
VILLAGE ULAVAYPU.P.O, PIN - 688526
3JOHN
AGED 48 YEARS
S/O OUTHA, CARPENTER, ILANJIYIL, WEST OF KOLLUSSERY SHOP,
ULAVAYPU MURI, THAIKKATTUSSERI VILLAGE ULAVAYPU.P.O., PIN –
688526
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.98 of 2024
2
C.JAYACHANDRAN, J.
O.P.(C.) No.98 of 2024
Dated this the 21st day of February, 2024
JUDGMENT
The petitioner is the plaintiff in O.S. No.53/2019 pending before the Principal Munsiff’s Court, Cherthala. The petitioner seeks early disposal of the said suit.
concerned, as per which, the learned Munsiff seeks four months’ time to dispose of the matter.
In the circumstances, this Original Petition is disposed of directing the learned Principal Munsiff to dispose of O.S. No.53/2019, within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/21-02
O.P.(C.) No.98 of 2024
3
APPENDIX OF OP(C) 98/2024
PETITIO |
NER’S EXHIBITS: |
|
|---|---|---|
EXHIBIT |
P1TRUE COPY OF THETHE MUNSIFF'S COU |
PLAINT IN O.S NO.53/2019 OFRT, CHERTHALA |
EXHIBIT |
P2TRUE COPY OF THE05.11.2019 FILED |
WRITTEN STATEMENT DATEDBY THE RESPONDENTS/DEFENDANTS |
EXHIBIT |
P3TRUE COPY OF THE12.03.2019 |
COMMISSION REPORT DATED |
EXHIBIT |
P 3(A)TRUE COPY OF THEWITH THE COMMISSI |
ROUGH SKETCH ANNEXED ALONGON REPORT |
EXHIBIT |
P4TRUE COPY OF THETHE MUNSIFF'S COU |
AMENDED PLAINT IN OS 53/ OFRT, CHERTHALA |
EXHIBIT |
P5TRUE COPY OF THEA07.02.2023 |
DDITIONAL WRITTEN STATEMENT ON |
EXHIBIT |
P6TRUE COPY OF THE16.10.2023 FILED |
COMMISSION REPORT DATEDBY THE ADVOCATE COMMISSIONER |
EXHIBIT |
P 6(A)TRUE COPY OF THEWITH EXHIBIT.P6 |
SURVEY PLAN SUBMITTED ALONG |
EXHIBIT |
P7TRUE COPY OF THEREPORT FILED BY T |
OBJECTION TO THE COMMISSIONHE RESPONDENTS/ DEFENDANTS |
EXHIBIT |
P8THE TRUE COPY OFRESPONDENTS/DEFEN |
I.A NO.8/2023 FILED BY THEDANTS |
EXHIBIT |
P9TRUE COPY OF THEREPORT FILED BY T |
OBJECTION TO THE COMMISSIONHE PETITIONER/PLAINTIFF |
EXHIBIT |
P10TRUE COPY OF THEKISHORE T.A OF AS |
CERTIFICATE ISSUED BY DR.TER MEDICITY, KOCHI |
EXHIBIT |
P11THE TRUE COPY OFDECEMBER, 2023 ISLAKESHORE HOSPITA |
THE CERTIFICATE DATED 4 THSUED BY DR.V.P. GANGADHARAN OFL |
EXHIBIT |
P11(A)TRUE COPY OF THEISSUED BY DR.ASHAKOCHI |
CERTIFICATE DATED 13.12.2023KISHORE OF ASTER MEDICITY, |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the trial court could be directed to dispose of O.S. No.53/2019 within a stipulated period.
P.A. Mathew Tharakan
Mathai
Martin
John
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court