Kerala High Court
Puthuparambil Abdurahiman vs Government Of Kerala on 28 February, 2013
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938
OP(C).No. 2048 of 2016 (O)
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AS 40/2013 OF SUB COURT, TIRUR.
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PETITIONER:
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PUTHUPARAMBIL ABDURAHIMAN,
S/O.IMBICHU, PUTHUPARAMBIL HOUSE,
THAVANOOR AMSOM MUVANKARA DESOM,
PONNANI TALUK, MALAPPURAM DIST.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S):
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1.GOVERNMENT OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR MALAPPURAM,
MALAPPURAM DISTRICT- 676 102.
2.THE TAHASILDAR PONNAI,
PONNANI TALUK,
MALAPPURAM DISTRICT-676 102.
BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-09-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
OP(C).No. 2048 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : A TRUE COPY OF THE DECREE IN O.S 93/2010 BEFORE
THE MUNSIFF MAGISTRATE COURT PONNAI
DATED 28-02-2013.
EXHIBIT P2 : A TRUE COPY OF THE MEMORANDUM OF APPEAL IN
A.S.40/2013 BEFORE THE SUB COURT TIRUR
DATED 20-05-2013.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
K. RAMAKRISHNAN, J.
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O.P.(C) No.2048 of 2016
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Dated this the 1st day of September, 2016
JUDGMENT
This petition filed by the petitioner seeking early disposal of A.S.40/2013 pending before the Sub Court, Thirur under Article 227 of the Constitution of India.
2. It is alleged in the petition that, the petitioner filed O.S.93/2010 before the Munsiff Court, Ponnani for permanent prohibitory injunction and mandatory injunction, but that suit was dismissed against which he filed A.S.40/2013 which is pending before the Sub Court, Tirur. Though he wanted early disposal, the same has not been heeded by the court below. Hence this petition.
3. Considering the nature of relief claimed, this court has called for a report from the concerned Sub Court, regarding the present stage and time required for disposal of the case. The Sub Judge has sent a report which reads as follows:
"A.S.40/13 is posted for Lower Court records to 17.10.2016. As regards the time required for disposal of this appeal I may submit that the appeal is not taken for hearing only due to the huge pendency of cases before this court. Altogether 601 appeals and 557 original suits are pending before this court as on 31.7.2016. Out of the appeals, 160 cases are more than 5 year old and 150 appeals are already included in the target fixed for the period 2016-2017. Out of the 557 original suits, 140 suits O.P.(C) No.2048 of 2016 2 were included in the target of which 100 cases are more than 5 year old. Apart from that 205 Sessions Cases and 93 Final Decree matters are also pending besides original petitions, Insolvency Petitions, Civil Miscellaneous Appeals and Execution Petitions. I may submit that altogether 577 cases are old already fixed in the target for the year 2016-2017. In these circumstances, at least one year time is required for disposing A.S.40/13 which is filed only in the year 2013."
4. Considering the workload of the court below, and also considering the fact that number of more cases which are more than five year old cases pending in that court, this court feels that early disposal within short time will be very difficult for that court to comply with. So considering the fact that the appeal is of the year 2013 and almost three years have already been over, this court feels that the petition can be disposed of as follows:
The Sub Judge, is directed to expedite disposal of the appeal A.S.40/2013 as expeditiously as possible at any rate within nine months from the date of receipt of this judgment.
Registry is directed to communicate this judgment to the court below at the earliest.
With the above direction, the petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE //True Copy// P.A. to Judge ss