Sarojini K.N vs Bhaskaran. K.N on 24 March, 2023

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Kerala High Court

Sarojini K.N vs Bhaskaran. K.N on 24 March, 2023

Bench: C.S.Dias

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                      OP(C) NO. 671 OF 2023
          IN OS 383/2018 OF MUNSIFF COURT, PERUMBAVOOR
PETITIONER/S:

          SAROJINI K.N,
          AGED 76 YEARS
          W/0 (L) P.N. KANAKAN MANGALATH HOUSE, PANAYAPPILLY,
          COCHIN, ERNAKULAM DISTRICT, PIN - 682002

          BY ADV P.K.PAMALA



RESPONDENT/S:

    1     BHASKARAN. K.N,
          AGED 80 YEARS KIZHAKKEPPURATHUKUDI HOUSE, UNTIYAAN
          JUNCTION, KARIKKODE, PERUMBAVOOR ERNAKULAM DISTRICT,
          PIN - 683542

    2     SHANTHA DEVI K.N,
          AGED 71 YEARS, W/O CHANDRAN K.N., KARIMBANAKKAL
          HOUSE, MALAYATTOOR KALADY ERNAKULAM DISTRICT, PIN -
          683587

          BY ADVS.    P. THOMAS GEEVERGHESE
                      TONY THOMAS (INCHIPARAMBIL)(K/810/2010)
                      E.S.FIROS(K/555/2014)



THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2023, THE
        COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.671/2023

                                     :2:




                      Dated this the 24th day of March, 2023

                              JUDGMENT

The original petition is filed to direct the Court of the Munsiff, Perumbavoor, to consider and dispose of I.A.No.1882/2019 in O.S.No.383/2018 (Ext P3) within a reasonable time period.

2. Pursuant to the order dated 17.03.2023 passed by this Court, the learned Munsiff, Perumbavoor, by communication dated 21.03.2023, has informed this Court that I.A.No.1882/2019 is filed calling for the original documents. The respondent has filed objections to the above application. The suit stands posted to 25.05.2023, for hearing on the application. The court below requires six months' time to dispose of the suit after the completion of pre-trial steps.

O.P.(C) No.671/2023

:3:

3. Heard; Smt.P.K. Pamala, the learned counsel appearing for the petitioner and Sri.P.Thomas Geeverghese, the learned counsel appearing for the respondents.

In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, and keeping in mind the fact that the suit itself is of the year 2018, I am of the view that the court below is to be directed to consider and dispose of the application along with the suit, rather than considering the application itself. Thus, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Perumbavoor, to consider and dispose of O.S.No.383/2018 and all pending applications in the suit, as expeditiously as possible and in accordance with law, at any rate, within a period of three months after the completion of pre-trial steps. O.P.(C) No.671/2023 :4:

The original petition is ordered accordingly.

Sd/-



                                    C.S.DIAS,JUDGE

DST/24.03.2023                               //True copy/

                                                            P.A.To Judge
 O.P.(C) No.671/2023

                               :5:




                              APPENDIX


PETITIONER EXHIBITS:


EXHIBIT P1             THE TRUE COPY OF THE PLAINT IN O.S NO.383 OF

2018 DATED 17.12.2018 FILED BEFORE THE MUNSIFF COURT PERUMBAVOOR.

EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 03.01.2019 FILED BY THE LST DEFENDANT BEFORE THE MUNSIFF COURT PERUMBAVOOR EXHIBIT P3 THE TRUE COPY OF THE I.A 1882 OF 2019 DATED 20.09.2019 SEEKING FOR DIRECTION TO THE BANK MANAGER TO PRODUCE THE ORIGINAL GIFT DEED OF THE 1ST RESPONDENT/1ST DEFENDANT RESPONDENTS' EXHIBITS: NIL

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