Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 AGAINST THE ORDER/JUDGMENT OS 771/2022 OF III ADDITIONAL MUNSIFF COURT ,THRISSUR PETITIONERS/DEFENDANTS:
1 RAVEENDRAN AGED 67 YEARS S/O. LATE KUTTAN CHEERAKKUZHY HOUSE, 2 SARALA AGED 60 YEARS W/O. RAVEENDRAN CHEERAKKUZHY HOUSE, BY ADVS. P.RANI DIOTHIMA IGNATIUS PHILIP P.V.RADHAMANI A.M.FASEENA RESPONDENT/PLAINTIFF: UNNIKRISHNAN AGED 58 YEARS GOVERNMENT EMPLOYEE S/O. VASUDEVAN, CHEERAKKUZHY HOUSE RESIDING AT 6/420 PERINCHERRY P.O., THRISSUR TALUK THRISSUR DISTRICT, PIN - 680306 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Defendants in O.S. No.771/2022 pending before the IIIrd Additional Munsiff Court, Thrissur are the petitioners herein. The petitioners seek expeditious disposal of the said suit. The ground urged is that the defendants are senior citizens.
2. The relief sought for, if granted, would
frustrate the aspirations of those litigants, who have filed cases earlier and are waiting in the queue. This Court therefore, cannot grant the relief, as sought for. However, it is noted that by virtue of the OMs issued by the High Court on the administration side, the petitioners/defendants are entitled to priority in the matter of disposal of cases, in their capacity as senior citizens. In this circumstance, there will be direction to the learned Munsiff to give due priority to O.S. No.771/2022 in the matter of disposal, in accordance with the OM issued by the High Court, taking into account the status of the petitioners/defendants as senior citizens. This original petition is disposed of, as such. Sd/- C. JAYACHANDRAN JUDGE BR APPENDIX OF OP(C) 2616/2023 PETITIONER’S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO 771
OF 2022 ON THE FILE OF THE HON'BLE MUNSIFF COURT-III, THRISSUR FILED BY THE RESPONDENT DATED 08.04.2022 EXHIBIT P2 THE TRUE COPY OF THE PETITION IN I.A.NO 3 FILED BY THE RESPONDENT DATED 08.04.2022 EXHIBIT P3 THE TRUE COPY OF THE INTERIM ORDER IN I.A.NO 3 OF 2022 IN O.S.NO 771 OF 2022 PASSED BY THE HON'BLE MUNSIFF COURT-III, THRISSUR DATED 11.04.2022 EXHIBIT P4 THE TRUE COPY OF THE WRITTEN OBJECTION IN I.A.NO 3 OF 2022 IN O.S.NO 771 OF 2022 ON THE FILE OF THE HON'BLE MUNSIFF COURT-III, THRISSUR FILED BY THE PETITIONERS DATED 24.05.2022
EXHIBIT P5 THE TRUE COPY OF THE PETITION IN I.A.NO 6 FILED BY THE PETITIONERS EXHIBIT P6 THE TRUE COPY OF THE OBJECTION IN I.A.NO 6 FILED BY THE RESPONDENT DATED 01.08.2022 EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN O.P.(C.)NO 1287 OF 2023 PASSED BY THIS HON'BLE COURT DATED 27.6.2023 EXHIBIT P8 THE TRUE COPY OF THE COMMON ORDER IN I.A.NO
3 OF 2022, I.A.NO 6 OF 2022 IN O.S.NO 771OF 2022 PASSED BY THE HON'BLE MUNSIFF COURT- III, THRISSUR DATED 24.08.2023 EXHIBIT P9 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE CHERPU GRAMA PANCHAYATH DATED 16.04.2022 RESPONDENT’S EXHIBITS: NIL