Bipin Chandra V.B. vs Valiyavalappil Pushpaja

Type Court Judgment Court Kerala Decided Mar 27, 2019

~3 min read

https://sooperkanoon.com/case/1877477

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1877477
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Mar 27, 2019
Case Number: OP(C)/717/2019

Parties & Advocates

Appellant / Petitioner

Bipin Chandra V.B.

Respondent

Valiyavalappil Pushpaja

Excerpt

.....suit. pursuant to a direction issued from this court, the learned munsiff, thalassery, by his communication dated 15.03.2019, has informed that target fixed for 2018-2019 was all suits up to the year 2013 and 50 cases of later years, preferably oldest cases. it was also reported that total pendency is 2670 and priority is given for disposal of 5+ year cases. in spite of these constraints, the learned munsiff has offered to take up and dispose of the above suit at the earliest, at any rate, within a period of four months from the date of reopening.2. having regard to the relief sought by the petitioner herein and considering the limited relief that is proposed to be granted, i feel that notice to the respondents can be dispensed with.3. having considered these facts, i am inclined todispose of the o.p.(c) itself, with a direction to the court below, to take up and dispose of os.no.99/2015 pending before the munsiff's court, thalassery, as expeditiously as possible, at any rate, with a period of four months from the date of reopening after mid summer holidays. o.p.(c) is disposed of as above. sd/- sunil thomas, judge r.av //true copy// pa to judge appendix petitioner's/s exhibits: exhibit p1 true copy of the plaint (amended in os thalassery. exhibit p2 true copy of written statement filed by 2nd defendant. exhibit p3 true copy of written statement filed by petitioner and 4th respondent jointly in os 99/2015 respondent's/s exhibits nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941 (OS 99/2015 of MUNSIFF COURT, THALASSERY ) PETITIONER/SUPPLEMENTAL DEFENDANT NO.4: BIPIN CHANDRA V.B., AGED 41 YEARS S/O.BALACHANDRAN (LATE). CHANDUKKUTTY HOUSE,P.O. MURINGERI, ANJARAKKANDY AMSOM, MURINGERI DESOM, KANNUR DISTRICT DISTRICT, 670612. BY ADV. LEENA C. RESPONDENTS/PLAINTIFF, DEFENDANT NO.1,3 AND SUPPLEMENTAL DEFENDANT NO.5:
1 VALIYAVALAPPIL PUSHPAJA, AGED 57 YEARS D/O.SHARADA, OCCUPATION NIL RESIDING OF PRAKASH BHAVAN, EKKAL, P.O.MAMBA, ANJARAKKANDY AMSOM KAMETH DESOM, KANNUR TALUK, KANNUR DISTRICT,670611. 2 KK.SOUMINI, D/O.ACHUTHAN, AGED ABOUT 60 YEARS, OCCUPATION BUSINESS, RESIDING OF PRAJISHA NIVAS, EKKAL.P.O.MAMBA, ANJARAKKANDY AMSOM KAMETH DESOM, KANNUR TALUK, KANNUR DISTRICT, 670611. 3 ANJARAKKANDY GRAMA PANCHAYATH, HAVING ITS OFFICE AT KAVINMOOLA KAVINMOOLA.P.O.MAMBA, KANNUR TALUK, KANNUR DISTRICT-670611. 4 SHIBIN CHANDRA.V.B, AGED 32 YEARS S/O.BALACHADNRAN(LATE), CHANDUKUTTY HOUSE.P.O., MURINGERI, ANJARAKKANDY AMSOM MURINGERI DESOM, KANNUR DISTRICT, 670612.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

The petitioner herein, who is the 4th defendant in OS.No.99/2015 pending before the Munsiff's Court, Thalassery has approached this court, lamenting that there is considerable delay in the disposal of the suit. Pursuant to a direction issued from this court, the learned Munsiff, Thalassery, by his communication dated 15.03.2019, has informed that target fixed for 2018-2019 was all suits up to the year 2013 and 50 cases of later years, preferably oldest cases. It was also reported that total pendency is 2670 and priority is given for disposal of 5+ year cases. In spite of these constraints, the learned Munsiff has offered to take up and dispose of the above suit at the earliest, at any rate, within a period of four months from the date of reopening.

2. Having regard to the relief sought by the petitioner herein and considering the limited relief that is proposed to be granted, I feel that notice to the respondents can be dispensed with.

3. Having considered these facts, I am inclined to

dispose of the O.P.(C) itself, with a direction to the court below, to take up and dispose of OS.No.99/2015 pending before the Munsiff's Court, Thalassery, as expeditiously as possible, at any rate, with a period of four months from the date of reopening after mid summer holidays. O.P.(C) is disposed of as above. Sd/- SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT (AMENDED IN OS THALASSERY. EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT FILED BY 2ND DEFENDANT. EXHIBIT P3 TRUE COPY OF WRITTEN STATEMENT FILED BY PETITIONER AND 4TH RESPONDENT JOINTLY IN OS 99/2015 RESPONDENT'S/S EXHIBITS NIL

Same Court & Year Kerala · 2019 Same Parties Bipin Chandra V.B. vs Valiyavalappil Pushpaja Same Judge Honourable Mr. Justice Sunil Thomas