Saraswathy vs Ambily

Type Court Judgment Court Kerala Decided Jan 30, 2023

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https://sooperkanoon.com/case/1332803

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Citation: sooperkanoon.com/1332803
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 30, 2023
Case Number: OP(C)/136/2023

Parties & Advocates

Appellant / Petitioner

Saraswathy

Respondent

Ambily

Excerpt

.....pw1. the learned munsiff is the principal munsiff and is also holding additional charge of the court of the additional munsiff, kollam. as she has to attend to the proceedings in the two courts, she requires at least eight months’ time to dispose of the suit.3. heard; sri. a. jani (kollam), the learned-:4:- counsel appearing for the petitioner and smt. k.g. bindu, the learned counsel appearing for the respondents 1 to 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 principal munsiff, kollam, to consider and dispose of o.s.no.733/2016, as expeditiously as possible and in accordance with law, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment. the original petition is ordered accordingly. sd/- c.s.dias,judge dst/30.01.23 //true copy// p.a.to judge -:5:- appendix petitioner exhibits exhibit p1 true copy of plaint in o.s.no 733/2016 of the principal munsiff court, kollam exhibit p2 true copy of judgment in a.s. no 259/2010 dated 25/03/2015 before the additional district judge-vi, kollam exhibit p3 true copy of decree in os no 733/2016 of the principal munsiff court, kollam exhibit p4 true copy of written statement in os no kollam exhibit p5 true copy of ia no 1/2022 in os no 733/2016 of the principal munsiff court, kollam exhibit p6 true copy of counter affidavit in os no kollam exhibit p7 true copy of of case details taken from e- courts services respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 OP(C) NO. 136 OF 2023 IN OS 733/2016 OF PRINCIPAL MUNSIFF COURT , KOLLAM PETITIONER: SARASWATHY AGED 81 YEARS, D/O GOURI, RESIDING AT SREESAILATHU VEEDU, HOUSE NO: 71, AVITTAM ROAD, KANNANMOOLA WARD, THIRUVANANTHAPURAM DISTRICT PIN 695 011, FROM KARALAZHIKATHU VEEDU, VILLIMANGALAM WARD, MUNROTHURUTHU PIN - 695011
BY ADVS. A.JANI(KOLLAM) NISA FASIL(KOLLAM) RESPONDENTS: 1 AMBILY, AGED 54 YEARS, W/O SHEKHARAN, RESIDING AT MANALUMPURATHU VEETTIL, NENMENI MURI, MUNROTHURUTHU P.O, MUNROTHURUTHU VILLAGE, KOLLAM DISTRICT PIN 691 500., PIN - 691500 2 SARAYU AGED 58 YEARS, RESIDING AT MANALUMPURATHU VEETTIL, NENMENI MURI, MUNROTHURUTHU P.O, MUNROTHURUTHU PIN 691 500. 3 MOHANAN AGED 62 YEARS, RESIDING AT MANALUMPURATHU VEETTIL, -:2:- NENMENI MURI, MUNROTHU±HU P.O, MUNROTHURUTHU PIN 691 500.
4 SEN SAHADEVAN AGED 52 YEARS, S/O SARASWATHY, RESIDING AT SREESAILATHU VEEDU, HOUSE NO: 71, AVITTAM ROAD, KANNANMOOLA WARD, THIRUVANANTHAPURAM DISTRICT PIN 695 011, FROM KARALAZHIKATHU VEEDU, VILLIMANGALAM WARD, MUNROTHURUTHU PIN - 695011 ADV K.G. BINDU THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:- Dated this the 30th day of January,2023

JUDGMENT

The original petition is filed to direct the Court of the Principal Munsiff, Kollam, to consider and dispose of O.S.No.733/2016 (Ext P1 ) within a time frame.

2. Pursuant to the order dated 19.01.2023 passed

by this Court, the learned Principal Munsiff, Kollam, by communication dated 23.01.2023, has informed this Court that the suit is filed for decrees of permanent prohibitory injunction and mandatory injunction. The trial in the suit is in progress. The suit stands posted to 09.02.2023, for cross-examination of PW1. The learned Munsiff is the Principal Munsiff and is also holding additional charge of the Court of the Additional Munsiff, Kollam. As she has to attend to the proceedings in the two courts, she requires at least eight months’ time to dispose of the suit.

3. Heard; Sri. A. Jani (Kollam), the learned

-:4:- counsel appearing for the petitioner and Smt. K.G. Bindu, the learned counsel appearing for the respondents 1 to 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 Principal Munsiff, Kollam, to consider and dispose of O.S.No.733/2016, as expeditiously as possible and in accordance with law, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment. The original petition is ordered accordingly. Sd/- C.S.DIAS,JUDGE DST/30.01.23 //True copy// P.A.To Judge -:5:- APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO 733/2016 OF THE PRINCIPAL MUNSIFF COURT, KOLLAM EXHIBIT P2 TRUE COPY OF JUDGMENT IN A.S. NO 259/2010 DATED 25/03/2015 BEFORE THE ADDITIONAL DISTRICT JUDGE-VI, KOLLAM EXHIBIT P3 TRUE COPY OF DECREE IN OS NO 733/2016 OF THE PRINCIPAL MUNSIFF COURT, KOLLAM EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT IN OS NO KOLLAM EXHIBIT P5 TRUE COPY OF IA NO 1/2022 IN OS NO 733/2016 OF THE PRINCIPAL MUNSIFF COURT, KOLLAM EXHIBIT P6 TRUE COPY OF COUNTER AFFIDAVIT IN OS NO KOLLAM EXHIBIT P7 TRUE COPY OF OF CASE DETAILS TAKEN FROM E- COURTS SERVICES RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Saraswathy vs Ambily Same Judge Honourable Mr.Justice C.S.Dias