Jayasree vs Radhakrishnan Pillai

Type Court Judgment Court Kerala Decided Mar 02, 2022

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https://sooperkanoon.com/case/1445535

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Citation: sooperkanoon.com/1445535
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Mar 02, 2022
Case Number: OP(C)/159/2022

Parties & Advocates

Appellant / Petitioner

Jayasree

Respondent

Radhakrishnan Pillai

Excerpt

.....the 2nd day of march, 2022judgmentin this case the petitioner, who is the 1st defendant in o.s.no.224/2019 on the file of munsiff court-ii, kolam, seeks early disposal of i.a.1446/2019 pending in the said suit. thus he has filed this original petition under article 227of the constitution of india.2. the respondent appeared through advocate vinu george. he did not oppose the prayer.3. as per the report submitted by the learned munsiff,kollam dated 15.02.2022, as called for, the learned munsiff submitted that survey commission report ordered in i.a.no.6/2020 is awaiting and i.a.no.1446/2019 can be disposed of within one month after filing the commission report. the learned munsiff not stated the time required for getting the commission report. nothing could be gathered from the report as regards the efforts made by the o.p(c).no.159/2022 3 munsiff also to ensure timely filing of the commission report and plan.4. therefore, there shall be a direction to the learnedmunsiff, kollam to expedite filing of survey commission report and plan within a period of one month from today and also to hear and dispose of i.a.no.1446/2019 thereafter within a period of 10 days. the original petition is disposed of accordingly. registry shall forward a copy of this judgment by e-mail to the munsiff, kollam, today itself, apart from forwarding physical copy within 7 days. sd/- (a. badharudeen, judge) rtr/ o.p(c).no.159/2022 4 appendix of op(c) 159/2022 petitioner's exhibits exhibit p1 copy of the plaint in o.s.no.224/2019 of the munsiff's court, kollam. exhibit p2 copy of the ia no.1446/19 in o.s.no.224/19 of the munsiff's court-ii, exhibit p3 copy of the exparte order in ia no.1446/19 in os no.224/19. exhibit p4 copy of the objection in ia no.1446/2019 in o.s no.224/19 of the munsiff's court- ii, kollam. exhibit p5 copy of the written statement in os no.224/19 of the munsiff's court, exhibit p6 copy of the report of the tahsildar dated 17/8/2019.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 OP(C) NO. 159 OF 2022 AGAINST DISPOSAL OF I.A.NO.1446/2019 IN OS 224/2019 OF MUNSIFF COURT, KOLLAM
PETITIONER/1ST DEFENDANT/RESPONDENT: JAYASREE AGED 55 YEARS W/O.RADHAKRISHNA PILLAI, SUMASREE, NELLIMUKKU, KARIPRA, THALAVOORKONAM CHERI, KOTTARAKKARA, R.SUNIL KUMAR A.SALINI LAL ARUN KRISHNA RESPONDENT/PLAINTIFF/PETITIONER: RADHAKRISHNA PILLAI AGED 52 YEARS S/O.LATE GOPINATHAN PILLAI, MADATHILAZHAKATH VEEDU, NALLILA, NEDUMBHANA, KOLLAM. BINU GEORGE HEMALATHA M.N.SANJITH THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C).No.159/2022 2
A. BADHARUDEEN, J.
O.P(C). No.159 of 2022 Dated this the 2nd day of March, 2022

JUDGMENT

In this case the petitioner, who is the 1st defendant in O.S.No.224/2019 on the file of Munsiff Court-II, Kolam, seeks early disposal of I.A.1446/2019 pending in the said Suit. Thus he has filed this Original Petition under Article 227of the Constitution of India.

2. The respondent appeared through Advocate Vinu George. He did not oppose the prayer.

3. As per the report submitted by the learned Munsiff,

Kollam dated 15.02.2022, as called for, the learned Munsiff submitted that survey commission report ordered in I.A.No.6/2020 is awaiting and I.A.No.1446/2019 can be disposed of within one month after filing the commission report. The learned Munsiff not stated the time required for getting the commission report. Nothing could be gathered from the report as regards the efforts made by the O.P(C).No.159/2022 3 Munsiff also to ensure timely filing of the commission report and plan.

4. Therefore, there shall be a direction to the learned

Munsiff, Kollam to expedite filing of survey commission report and plan within a period of one month from today and also to hear and dispose of I.A.No.1446/2019 thereafter within a period of 10 days. The Original Petition is disposed of accordingly. Registry shall forward a copy of this judgment by e-mail to the Munsiff, Kollam, today itself, apart from forwarding physical copy within 7 days. Sd/- (A. BADHARUDEEN, JUDGE) rtr/ O.P(C).No.159/2022 4 APPENDIX OF OP(C) 159/2022 PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE PLAINT IN O.S.NO.224/2019 OF THE MUNSIFF'S COURT, KOLLAM. Exhibit P2 COPY OF THE IA NO.1446/19 IN O.S.NO.224/19 OF THE MUNSIFF'S COURT-II, Exhibit P3 COPY OF THE EXPARTE ORDER IN IA NO.1446/19 IN OS NO.224/19. Exhibit P4 COPY OF THE OBJECTION IN IA NO.1446/2019 IN O.S NO.224/19 OF THE MUNSIFF'S COURT- II, KOLLAM. Exhibit P5 COPY OF THE WRITTEN STATEMENT IN OS NO.224/19 OF THE MUNSIFF'S COURT, Exhibit P6 COPY OF THE REPORT OF THE TAHSILDAR DATED 17/8/2019.

Same Court & Year Kerala · 2022 Same Parties Jayasree vs Radhakrishnan Pillai Same Judge Honourable Mr. Justice a. Badharudeen