V.K.Devarajan vs Santhamma

Type Court Judgment Court Kerala Decided May 31, 2022

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Citation: sooperkanoon.com/1456041
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: May 31, 2022
Case Number: OP(C)/534/2022

Parties & Advocates

Appellant / Petitioner

V.K.Devarajan

Respondent

Santhamma

Excerpt

.....is filed, to direct the court of the munsiff, thiruvalla, to dispose of o.s.no.104/2019 within a time frame.2. pursuant to the order dated 17.03.2022passed by this court, the learned munsiff has by communication dated 24.03.2022 informed this court that the above suit can be disposed of within a period of four months, after the completion of pre-trial steps. in the light of the pleadings and materials on record and the above mentioned communication, in exercise of the supervisory powers of this court as enshrined under article 227 of the constitution of india, i direct the court of the munsiff, thiruvalla, to dispose of o.s.no.104/2019, as expeditiously as -:3:- possible and in accordance with law, at any rate, within a period of three months from today. sd/- c.s.dias,judge dst/31.05.22 //true copy/ p.a.to judge -:4:- appendix petitioner exhibits: exhibit p1 true copy of the plaint filed by the petitioner in o.s.no.104/2019 before exhibit p2 true copy of the order of injunction dated 06.03.2019 passed by the munsiff court, thiruvalla in ia no.774/2019 in o.s.no.104/2019. exhibit p3 true copy of the written statement filed by the defendant before the exhibit p4 true copy of the encumbrance certificate dated 02.07.2021 issued by the registering officer of sub registrar office, thiruvalla. exhibit p5 true copy of the reply dated 28.09.2020 issued by the public information officer, sro, thiruvalla. exhibit p6 true copy of the complaint dated before the district registrar, pathanamthitta. exhibit p7 true copy of the complaint dated before the inspector general of registrations.exhibit p8 the certified copy of the judgmentdated 15-02-2022 in op(c)no. 179/2022. respondent’s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 OP(C) NO. 534 OF 2022 IN O.S.NO.104/2019 OF MUNSIFF COURT, THIRUVALLA PETITIONER/PLAINTIFF: V.K.DEVARAJAN, S/O. KESAVAN, VARIKOLIL HOUSE, VENNPALA, KUTTOOR VILLAGE, THIRUVALLA TALUK, KOTTAYAM - 689102. BY ADV SANJAY THAMPI RESPONDENT/DEFENDANT: SANTHAMMA, W/O. CHIDAMBARAN, VARIKOLIL HOUSE, VENNPALA, KUTTOOR VILLAGE, THIRUVALLA TALUK, KOTTAYAM - 689102. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 31st day of May,2022

JUDGMENT

The original petition is filed, to direct the court of the Munsiff, Thiruvalla, to dispose of O.S.No.104/2019 within a time frame.

2. Pursuant to the order dated 17.03.2022

passed by this Court, the learned Munsiff has by communication dated 24.03.2022 informed this Court that the above suit can be disposed of within a period of four months, after the completion of pre-trial steps. In the light of the pleadings and materials on record and the above mentioned communication, in exercise of the supervisory powers of this Court as enshrined under Article 227 of the Constitution of India, I direct the court of the Munsiff, Thiruvalla, to dispose of O.S.No.104/2019, as expeditiously as -:3:- possible and in accordance with law, at any rate, within a period of three months from today. Sd/- C.S.DIAS,JUDGE DST/31.05.22 //True copy/ P.A.To Judge -:4:- APPENDIX PETITIONER EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BY THE PETITIONER IN O.S.NO.104/2019 BEFORE EXHIBIT P2 TRUE COPY OF THE ORDER OF INJUNCTION DATED 06.03.2019 PASSED BY THE MUNSIFF COURT, THIRUVALLA IN IA NO.774/2019 IN O.S.NO.104/2019. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT BEFORE THE EXHIBIT P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 02.07.2021 ISSUED BY THE REGISTERING OFFICER OF SUB REGISTRAR OFFICE, THIRUVALLA. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 28.09.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER, SRO, THIRUVALLA. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED BEFORE THE DISTRICT REGISTRAR, PATHANAMTHITTA. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED BEFORE THE INSPECTOR GENERAL OF REGISTRATIONS.

EXHIBIT P8 THE CERTIFIED COPY OF THE JUDGMENT

Same Court & Year Kerala · 2022 Same Parties V.K.Devarajan vs Santhamma Same Judge Honourable Mr.Justice C.S.Dias