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Arali Binu vs S.Sukhilal

Arali Binu vs S.Sukhilal

Type Court Judgment Court Kerala Decided Feb 23, 2023
~3 min read
https://sooperkanoon.com/case/1332086

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/95/2023

Parties & Advocates

Appellant / Petitioner

Arali Binu

Respondent

S.Sukhilal

Excerpt

.....reliefs. the suit now stands posted for pre-trial steps to 03.02.2023, as a last chance. there was an order of stay passed by this court in o.p(c) no.28/2019, which has been vacated. the learned munsiff is holding additional charge of the court below and is holding sittings in two courts. the learned munsiff requires 12 months’ time to dispose of the suit.3. heard, sri.p.pratheesh, the learned counselappearing for the petitioners. even though service is complete on the respondent, there is no appearance for him. op(c) no. 95 of 2023 3 in the light of the pleadings and materials on record and after perusing the communication of the learned munsiff, in exercise of the supervisory powers of this court under article 227 of the constitution of india, i direct the court of the additional munsiff, kollam, to consider and dispose of o.s.no.478/2012, in accordance with law, as expeditiously as possible, at any rate, within a period of four months after the completion of pre-trial steps. the original petition is ordered accordingly. sd/- c.s.dias, judge okb/23.2.23 //true copy// p.s. to judge op(c) no. 95 of 2023 4 appendix of op(c) 95/2023 petitioner exhibits exhibit p1 the copy of the plaint in o.s no.478/2012 on the file of addl. munsiff court, kollam dated 7.07.2012 exhibit p2 the copy of the written statement and counterclaim filed by the petitioners in o.s no.478/2012 on the file of addl. munsiff court, kollam dated 5.10.2013 exhibit p3 the copy of the judgment in op(civil) no.24/2019 dated 1.9.2021

Full Judgment

OP(C) NO. 95 OF 2023 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 OP(C) NO. 95 OF 2023 OS 478/2012 OF ADDITIONAL MUNSIFF COURT, KOLLAM PETITIONER/S: 1 ARALI BINU AGED 38 YEARS W/O.BINU, USHAS, MULLUVILAYIL, HOUSE NO.E.P VII/76, EDAKKADAM MURI, EZHUKONE VILLAGE, EZHUKONE P.O, KOLLAM, PIN - 691001 2 SANTHAKUMARI AGED 74 YEARS W/O.LATE GOPALAKRISHNAN, USHAS, MULLUVILAYIL, HOUSE NO.E.P VII/76, EDAKKADAM MURI, EZHUKONE VILLAGE, EZHUKONE P.O, KOLLAM, PIN - 691001 BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENT/S: S.SUKHILAL AGED 51 YEARS S/O.K.SUKUMARAN, SUKUMA MANDIRAM, MANGADU CHERRY, MANGADU VILLAE, MANGADU P.O, KOLLAM, PIN - 691015 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 95 OF 2023 2

JUDGMENT

The original petition is filed to direct the Court of the Additional Munsiff, Kollam, to consider and dispose of O.S.No.478/2012 within a reasonable time period.

2. Pursuant to the order dated 16.01.2023, passed

by this Court, the learned Principal Munsiff (In-charge of Additional Munsiff), by communication dated 18.01.2023, has informed this Court that the suit is filed for declaration and consequential reliefs. The suit now stands posted for pre-trial steps to 03.02.2023, as a last chance. There was an order of stay passed by this Court in O.P(C) No.28/2019, which has been vacated. The learned Munsiff is holding additional charge of the court below and is holding sittings in two courts. The learned Munsiff requires 12 months’ time to dispose of the suit.

3. Heard, Sri.P.Pratheesh, the learned counsel

appearing for the petitioners. Even though service is complete on the respondent, there is no appearance for him. OP(C) NO. 95 OF 2023 3 In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Additional Munsiff, Kollam, to consider and dispose of O.S.No.478/2012, in accordance with law, as expeditiously as possible, at any rate, within a period of four months after the completion of pre-trial steps. The original petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE okb/23.2.23 //True copy// P.S. to Judge OP(C) NO. 95 OF 2023 4 APPENDIX OF OP(C) 95/2023 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE PLAINT IN O.S NO.478/2012 ON THE FILE OF ADDL. MUNSIFF COURT, KOLLAM DATED 7.07.2012 Exhibit P2 THE COPY OF THE WRITTEN STATEMENT AND COUNTER

CLAIM FILED BY THE PETITIONERS IN O.S NO.478/2012 ON THE FILE OF ADDL. MUNSIFF COURT, KOLLAM DATED 5.10.2013 Exhibit P3 THE COPY OF THE JUDGMENT IN OP(CIVIL) NO.24/2019 DATED 1.9.2021

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Same Court & Year Kerala · 2023 Same Parties Arali Binu vs S.Sukhilal Same Judge Honourable Mr.Justice C.S.Dias

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