Denny Mathews, vs Tomy John,

Type Court Judgment Court Kerala Decided Jan 12, 2022

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https://sooperkanoon.com/case/1442169

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Citation: sooperkanoon.com/1442169
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jan 12, 2022
Case Number: OP(C)/68/2022

Parties & Advocates

Appellant / Petitioner

Denny Mathews,

Respondent

Tomy John,

Excerpt

.....parambil house, moonnilavu panchayat, mankombu kara, moonnilavu village, erumaparambattom p.o., 2 the state of kerala, represented by the district collector, kottayam, collectorate p.o., kottayam-686 002. 3 assistant engineer pwd(roads), melukavu section melukavu mattom p.o., kottayam district, pin-686 652. 4 assistant executive engineer pwd(roads), sub division, arunapuram p.o., pala, kottayam district, pin-686 574.o.p.(c)no.68 of 2022 ..2.. 5 chief engineer pwd(roads), vazhuthacaud p.o., thiruvananthapuram, pin-695 014. 6 t.d.chandrasekharan, son of damodaran, residing at tharayil house, puliyannoor p.o., puliyannoor kara, puliyannoor village, kottayam district, pin-686 573. this op (civil) having come up for admission on 12.01.2022, the court on the same day delivered the following: o.p.(c)no.68 of 2022 ..3..a.badharudeen, j.o.p.(c)no.68 of 2022 dated this the 12th day of january, 2022judgmentthis original petition has been filed under article 227 of the constitution of india, seeking expeditious disposal of i.a.no.6 of 2021 in o.s.no.212 of 2020 pending before the munsiff court, erattupetta. having considered the minimum prayer, i am inclined to allow this original petition. therefore, there shall be a direction to the learned munsiff to dispose of i.a.no.6 of 2021 in o.s.no.212 of 2020 pending before the munsiff court, erattupetta at the earliest, at any rate, within two months from the date of production or receipt of a copy of this judgment. sd/- a.badharudeen, judge rkj o.p.(c)no.68 of 2022 ..4.. appendix of op(c) 68/2022 petitioner exhibits exhibit p1 true copy of the plaint in os no.212 of 2020 of the court of the munsiff erattupetta dated 18.12.2020. exhibit p2 true copy of the written statement filed by defendants 1 to 4 in os no.212 of 2020 of the court of the munsiff erattupetta. exhibit p3 true copy of ia no.6 of 2021 in os no.212 of 2020 of the court of the munsiff erattupetta dated 05.11.2021. exhibit p4 true copy of the objection filed by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, OP(C) NO. 68 OF 2022 AGAINST THE ORDER IN OS 212/2020 OF MUNSIFF MAGISTRATE, ERATTUPETTA PETITIONER/PETITIONER: DENNY MATHEWS, SON OF MATHEW, RESIDING AT MANNUR HOUSE, MOONNILAVU VILLAGE, ERUMAPARAMATTOM P.O., BY ADVS. ABRAHAM GEORGE JACOB C.MURALIKRISHNAN (PAYYANUR) AKSHAY R RESPONDENTS/RESPONDENTS :
1 TOMY JOHN, SON OF JOHN, RESIDING AT KURISHINKAL PARAMBIL HOUSE, MOONNILAVU PANCHAYAT, MANKOMBU KARA, MOONNILAVU VILLAGE, ERUMAPARAMBATTOM P.O., 2 THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE P.O., KOTTAYAM-686 002. 3 ASSISTANT ENGINEER PWD(ROADS), MELUKAVU SECTION MELUKAVU MATTOM P.O., KOTTAYAM DISTRICT, PIN-686 652. 4 ASSISTANT EXECUTIVE ENGINEER PWD(ROADS), SUB DIVISION, ARUNAPURAM P.O., PALA, KOTTAYAM DISTRICT, PIN-686 574.
O.P.(C)No.68 of 2022 ..2.. 5 CHIEF ENGINEER PWD(ROADS), VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN-695 014. 6 T.D.CHANDRASEKHARAN, SON OF DAMODARAN, RESIDING AT THARAYIL HOUSE, PULIYANNOOR P.O., PULIYANNOOR KARA, PULIYANNOOR VILLAGE, KOTTAYAM DISTRICT, PIN-686 573. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C)No.68 of 2022 ..3..
A.BADHARUDEEN, J.
O.P.(C)No.68 of 2022 Dated this the 12th day of January, 2022

JUDGMENT

This original petition has been filed under Article 227 of the Constitution of India, seeking expeditious disposal of I.A.No.6 of 2021 in O.S.No.212 of 2020 pending before the Munsiff Court, Erattupetta. Having considered the minimum prayer, I am inclined to allow this original petition. Therefore, there shall be a direction to the learned Munsiff to dispose of I.A.No.6 of 2021 in O.S.No.212 of 2020 pending before the Munsiff Court, Erattupetta at the earliest, at any rate, within two months from the date of production or receipt of a copy of this judgment. Sd/- A.BADHARUDEEN, JUDGE rkj O.P.(C)No.68 of 2022 ..4.. APPENDIX OF OP(C) 68/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.212 OF 2020 OF THE COURT OF THE MUNSIFF ERATTUPETTA DATED 18.12.2020. Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS 1 TO 4 IN OS NO.212 OF 2020 OF THE COURT OF THE MUNSIFF ERATTUPETTA. Exhibit P3 TRUE COPY OF IA NO.6 OF 2021 IN OS NO.212 OF 2020 OF THE COURT OF THE MUNSIFF ERATTUPETTA DATED 05.11.2021. Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT TO IA NO.6 OF 2021 IN OS NO.212 OF 2020 OF THE COURT OF THE MUNSIFF, ERATTUPETTA. Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE

PETITIONER TO IA NO.2 OF 2021 IN OS NO.212 OF 2020 OF THE COURT OF MUNSIFF ERATTUPETTA DATED 11.11.2020.

Same Court & Year Kerala · 2022 Same Parties Denny Mathews, vs Tomy John, Same Judge Honourable Mr. Justice a. Badharudeen