Kerala High Court
V.M. Kuruvila vs St. Xaviours Church on 15 September, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 15TH DAY OF SEPTEMBER 2017/24TH BHADRA, 1939
OP(C).No. 2677 of 2017 (O)
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OS 432/2016 ON THE FILE OF MUNSIFF'S COURT, CHERTHALA
PETITIONER(S)/PLAINTIFF :
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V.M. KURUVILA
VYPPISSERY HOUSE,
THANEERMUKKAM P.O.,
ALAPPUZHA DISTRICT.
BY ADVS.SRI.V.G.ARUN (K/795/2004)
SMT.INDULEKHA JOSEPH
SRI.NEERAJ NARAYAN
RESPONDENT(S)/DEFENDANTS :
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1. ST. XAVIOURS CHURCH, KANNANKARA,
REPRESENTED THROUGH VICAR JOSHI VALLARKATTIL,
KANNANKARA P.O., THANNERMUKKAM, CHERTHALA TALUK,
ALAPPUZHA DISTRICT.
2. BINU CHACKO,
KAIKKARAN, MAPPILASSERY, KANNANKARA P.O., THANNERMUKKAM,
CHERTHALA TALUK, ALAPPUZHA DISTRICT.
3. ANTO MATHEW,
CONVENER OF PARISH COUNCIL, MARANADU, KANNANKARA P.O.,
THANNERMUKKAM, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2677 of 2017 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 PHOTOCOPY OF THE PLAINT IN O.S.NO.432 OF 2016 BEFORE
THE MUNSIFF COURT, CHERTHALA.
EXHIBIT P2 PHOTOCOPY OF THE COMMISSION REPORT ALONG WITH SKETCH
IN I.A.NO.2359/2016 IN O.S.NO.432/2016.
EXHIBIT P3 PHOTOCOPY OF THE COUNTER AFFIDAVIT IN O.S.NO.432/2016.
EXHIBIT P4 PHOTOCOPY OF THE AMENDMENT APPLICATION IN
O.S.NO.432/2016.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
PA TO JUDGE.
jg-18/9
ANIL K.NARENDRAN, J.
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OP(C) No.2677 of 2017
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Dated this the 15th day of September, 2017.
J U D G M E N T
The petitioner, who is the plaintiff in O.S.No.432/2016 on the file of Munsiff's Court, Cherthala, has filed this original petition under Article 227 of the Constitution of India seeking an order directing the said Court to dispose of the said suit as expeditiously as possible, within a time limit to be stipulated by this Court. The petitioner has also sought for an order directing the said Court to dispose of Ext.P4 interlocutory application for amendment (I.A.No.2552/2017) filed in the said suit.
2. On 30.08.2017, when this original petition came up for admission, this Court directed the Registry to get a report from the Munsiff's Court concerned as to the time limit required for disposal of O.S.No.432/2016.
3. Pursuant to the said order, a report dated 31.08.2017 has been received, wherein it has been stated that the interlocutory application filed for amendment (I.A.No.2552/2017) now stands posted for filing objection. As OP(C)2677/2017 -2- per the said report, since the suit is of the year 2016, it is not included in the target list for this year.
4. In such circumstances, at this point of time, no order can be issued for early disposal of O.S.No.423/2016. However, since I.A.No.2552/2017, the application for amendment, is pending consideration, this original petition is disposed of directing the Munsiff's Court, Cherthala to dispose of the said interlocutory application, within a period of two months from the date of production of a certified copy of this judgment.
This original petition is disposed of as above.
(ANIL K.NARENDRAN, JUDGE) jg-15/9