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2021 Supreme(Ker) 208

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.V. ANILKUMAR, J.
Fr.Sebastian Perumbani @ Fr.Sheen – Petitioner
Versus
Casa Generalizia Carnelitani Sealzi, Corso Dttalia, 38, 00198, Roma, Represented By Superior General Fr. Saverio Cannistra, Ocd, Roma And Ors. – Respondents
OP(C).No.625 OF 2021
Decided On : 30-03-2021

Advocates:
Advocate Appeared:
For the Petitioner: Sri.D.Ajithkumar, Smt.T.Manasy, Smt.Harsha S. Nair, Advs.

Point of law: Interlocutory application for corrections in petition – To be heard by lower court urgently

Headnote:

Civil law – Interlocutory application – Correction under petitions - Early disposal and

Finding of the Court: court below may also urgently attend to those applications and dispose of them within the time frame mentioned

Result: Allowed

JUDGMENT :

The sole plaintiff in O.S.No.913/2020 on the file of Munsiff Court-III, Thiruvananthapuram, has filed this original petition for issue of appropriate direction to the court below to consider and dispose of I.A.Nos.1, 4, 5/2020 & 6/2021.

2. A report was called for from the court below in this respect and according to the court below, a period of three months may be required to dispose of all these applications.

3. I heard the learned counsel for the petitioner.

4. The learned counsel for the petitioner points out that I.A.No.4/2020 was filed for issue of summons via e-mail. I.A.No.6/2021 was filed for making corrections. It goes without saying that the court below may be able to take up and dispose of I.A.No.4/2020 and 6/2021 within a day or two in accordance with law after hearing parties, if any.

5. Having heard the submissions made on behalf of the petitioner with respect to other interlocutory applications, I am of the opinion that the court below may also urgently attend to those applications and dispose of them within the time frame mentioned below.

In the result, original petition is allowed calling upon the court below to take all earnest efforts to dispose of I.A.Nos.1 & 5/2020 before the court closes for vacation, if possible and otherwise within a week immediately after the court re-opens, I.A.Nos.4/2020 and 6/2021 shall be disposed of forthwith without any further delay as already indicated above.

All pending interlocutory applications will stand closed.

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