Mamachan, vs Mathai - Court Judgment

SooperKanoon Citationsooperkanoon.com/1451989
CourtKerala High Court
Decided OnMay-31-2022
Case NumberOP(C)/326/2022
JudgeHonourable Mr.Justice C.S.Dias
AppellantMamachan,
RespondentMathai
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias tuesday, the 31st day of may 2022 / 10th jyaishta, 1944 op(c) no. 326 of 2022 in os no.209/2019 of the munsiff court, south paravur, kollam petitioner/plaintiff: mamachan, aged 61 years s/o. pappachan, madathil veedu, marangattukonam muri, valakam village, kottarakkara taluk, kollam district 691 547. by advs. m.kiranlal manu ramachandran r.rajesh (varkala) t.s.sarath sameer m nair geethu krishnan harsha susan sam v.m.vishnu mohanrespondents/defendants: 1 mathai aged 61 years s/o. yohannan, kalathivila puthenveedu, 2 monamma @ kunjannamma, aged 53 years w/o. mathai, kalathivila puthenveedu, 3 shibu, aged 42 years s/o. george, shibu bhavan, op(c) no. 326 of 2022 2 4 mohanan, aged 40 years s/o. kamalamma, thazheveettil, r1 & r2 by adv k.v.anil kumar this op (civil) having come up for admission on 31.05.2022, the court on the same day delivered the following: op(c) no. 326 of 2022 3 dated this the 31st day of may, 2022judgmentthe original petition is filed to direct the court of munsiff, paravur, kollam, to dispose of o.s. no.209/2019 within a time frame.2. pursuant to the order dated 17.02.2022 passed bythis court, the learned munsiff, south paravur has by communication dated 21.02.2022 informed this court that the above suit can be disposed of within a period of six months from the date of the above communication.3. heard the learned the counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2.4. even though notice was served on the thirdrespondent, there is no representation for him. as there is substantial representation in the original petition for the respondents and that i am only passing a limited relief directing the court below to dispose of o.s no.209/2019 within a time frame, i dispense with notice to the fourth op(c) no. 326 of 2022 4 respondent. on a consideration of the pleadings and materials on record and the above communication of the learned munsiff in exercise of the supervisory jurisdiction of this court under article 227 of the constitution of india, i direct the court of the munsiff, south paravur to dispose of o.s. no.209/2019 as expeditiously as possible and in accordance with law, at any rate, within a period of six months from today. sd/- c.s.dias, judge rmm31/05/2022 op(c) no. 326 of 2022 5 appendix petitioner’s exhibitsexhibit p1:- a true copy of the plaint filed by the petitioner in o.s no.209/2019 before the munsiff court, paravur. respondents’ exhibits nil
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. 326 OF 2022 IN OS NO.209/2019 OF THE MUNSIFF COURT, SOUTH PARAVUR, KOLLAM PETITIONER/PLAINTIFF: MAMACHAN, AGED 61 YEARS S/O. PAPPACHAN, MADATHIL VEEDU, MARANGATTUKONAM MURI, VALAKAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT 691 547. BY ADVS. M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM V.M.VISHNU MOHAN

RESPONDENTS/DEFENDANTS: 1 MATHAI AGED 61 YEARS S/O. YOHANNAN, KALATHIVILA PUTHENVEEDU, 2 MONAMMA @ KUNJANNAMMA, AGED 53 YEARS W/O. MATHAI, KALATHIVILA PUTHENVEEDU, 3 SHIBU, AGED 42 YEARS S/O. GEORGE, SHIBU BHAVAN, OP(C) NO. 326 OF 2022 2 4 MOHANAN, AGED 40 YEARS S/O. KAMALAMMA, THAZHEVEETTIL, R1 & R2 BY ADV K.V.ANIL KUMAR THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 326 OF 2022 3 Dated this the 31st day of May, 2022

JUDGMENT

The original petition is filed to direct the Court of Munsiff, Paravur, Kollam, to dispose of O.S. No.209/2019 within a time frame.

2. Pursuant to the order dated 17.02.2022 passed by

this Court, the learned Munsiff, South Paravur has by communication dated 21.02.2022 informed this Court that the above suit can be disposed of within a period of six months from the date of the above communication.

3. Heard the learned the counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2.

4. Even though notice was served on the third

respondent, there is no representation for him. As there is substantial representation in the original petition for the respondents and that I am only passing a limited relief directing the court below to dispose of O.S No.209/2019 within a time frame, I dispense with notice to the fourth OP(C) NO. 326 OF 2022 4 respondent. On a consideration of the pleadings and materials on record and the above communication of the learned Munsiff in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, South Paravur to dispose of O.S. No.209/2019 as expeditiously as possible and in accordance with law, at any rate, within a period of six months from today. SD/- C.S.DIAS, JUDGE rmm31/05/2022 OP(C) NO. 326 OF 2022 5 APPENDIX PETITIONER’S EXHIBITS

EXHIBIT P1:- A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER IN O.S NO.209/2019 BEFORE THE MUNSIFF COURT, PARAVUR. RESPONDENTS’ EXHIBITS NIL