T.K.Balan Vs. John

T.K.Balan vs John

Type Court Judgment Court Kerala Decided Dec 20, 2012

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https://sooperkanoon.com/case/1009469

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Citation: sooperkanoon.com/1009469
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Dec 20, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

T.K.Balan

Respondent

John

Excerpt

.....j.===================== original petition (civil)) no. 4483 of 2012 ============================== dated this the 20th day of december, 2012 judgment this original petition is for a direction to the learned sub judge, irinjalakkuda to dispose of a.s no. 168 of 2011 within a time frame to be fixed by this court or in an alternative, to direct that court to pass orders on ext.p3, application within a time frame.2. the petitioner filed o.s. no. 183 of 2008 in the munsiff's court, chalakkduy for a declaration of title and recovery of possession regarding the plaint b schedule.3. after taking evidence, the learned munsiff dismissed the suit by judgment dated 31.08.2011. challenging that judgment and decree, the petitioner has filed a.s. no. 168 of 2011. the learned sub judge directed records to be called for and posted the appeal on 08.09.2012. the records are already received in the court of learned sub judge. the petitioner filed ext.p3, application to advance hearing of the appeal but the appeal now stand posted on 14.02.2013. no orders are passed on ext.p3, application for advancing the hearing. hence this original o.p.c. no. 4483 of 2012 -:2. :- petition seeking direction as above stated.4. the learned counsel submits that the petitioner is aged about 72 years and wants an early decision of the appeal.5. since the appeal is of the year, 2011 and without understanding the volume of work of the court concerned and priority for disposal of older cases, i cannot issue any such direction as prayed for early disposal of the appeal. it is open to the petitioner to pursue ext.p3, application (if it is not already disposed of) and request the learned sub judge for an early disposal of the appeal. with the above observation, the original petition is disposed of. sd/- thomas p.joseph, judge smv //true copy// p.a. to judge o.p.c. no. 4483 of 2012 -:3. :-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 OP(C).No. 4483 of 2012 (O) -------------------------- AS.168/2011 of PRL.SUB COURT,IRINJALAKUDA PETITIONER(S): ------------- T.K.BALAN, AGED 7 YEARS, S/O.KARAPPAN, THIYYEDATH HOUSE, KODALI, THRISSUR. BY ADV. SRI.RANJITH THAMPAN (SR.) RESPONDENT(S): -------------- JOHN, S/O.OUSEPH, MENACHERY HOUSE, PADI P.O., THRISSUR, PIN ”

699. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 4483 of 2012 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPEAL MEMORANDUM A.S.NO.168/2011 FILED BEFORE THE SUB COURT, IRINJALAKUDA. EXT.P2: COPY OF THE APPLICATION I.A.NO.2858/2012 DATED 16 7.2012 IN A.S.NO.168/2011 OF THE SUB COURT, IRINJALAKUDA. EXT.P3: COPY OF THE APPLICATION I.A.NO.4891/2012 DATED 5 11.2012 IN A.S.NO.168/2011 OF THE SUB COURT, IRINJALAKUDA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV THOMAS P. JOSEPH, J.

===================== Original Petition (civil)) No. 4483 of 2012 ============================== Dated this the 20th day of December, 2012 JUDGMENT This original petition is for a direction to the learned Sub Judge, Irinjalakkuda to dispose of A.S No. 168 of 2011 within a time frame to be fixed by this court or in an alternative, to direct that court to pass orders on Ext.P3, application within a time frame.

2. The petitioner filed O.S. No. 183 of 2008 in the Munsiff's Court, Chalakkduy for a declaration of title and recovery of possession regarding the plaint B schedule.

3. After taking evidence, the learned Munsiff dismissed the suit by judgment dated 31.08.2011. Challenging that judgment and decree, the petitioner has filed A.S. No. 168 of 2011. The learned Sub Judge directed records to be called for and posted the appeal on 08.09.2012. The records are already received in the court of learned Sub Judge. The petitioner filed Ext.P3, application to advance hearing of the appeal but the appeal now stand posted on 14.02.2013. No orders are passed on Ext.P3, application for advancing the hearing. Hence this original O.P.C. No. 4483 of 2012 -:

2. :- petition seeking direction as above stated.

4. The learned counsel submits that the petitioner is aged about 72 years and wants an early decision of the appeal.

5. Since the appeal is of the year, 2011 and without understanding the volume of work of the court concerned and priority for disposal of older cases, I cannot issue any such direction as prayed for early disposal of the appeal. It is open to the petitioner to pursue Ext.P3, application (if it is not already disposed of) and request the learned Sub Judge for an early disposal of the appeal. With the above observation, the original petition is disposed of. Sd/- THOMAS P.JOSEPH, JUDGE smv //True copy// P.A. To Judge O.P.C. No. 4483 of 2012 -:

3. :-

Same Court & Year Kerala · 2012 Same Parties T.K.Balan vs John Same Subject Education Same Judge Honourable Mr.Justice Thomas P.Joseph