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2023 Supreme(Online)(KER) 16552
OP(C) NO. 2268 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944
OP(C) NO. 2268 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 96/2018 OF MUNSIFF COURT,ALUVA
IA 1476/2019 OF MUNSIFF COURT,ALUVA
PETITIONER/S:
DILEEP
AGED 56 YEARS
S/O. KUMARAN, THATTAMPADIKKAL HOUSE, NOCHIMA
KARA,NAD POST , ALUVA EAST VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683563
BY ADV M.G.JEEVAN
RESPONDENT/S:
MANOJ KUMAR, AGED 48 YEARS
S/O. PARAMESWARA PILLA, VADAKKEL HOUSE,
NOCHIMA KARA, NAD POST, ALUVA EAST VILLAGE, ALUVA
TALUK,ERNAKULAM DISTRICT., PIN - 683563
BY ADVS.
ATUL SOHAN
R.REJI (ATTINGAL)(K/1471/2003)
SREEJA SOHAN K.(K/001271/2001)
K.V.SOHAN(K/475/1981)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2268 OF 2022
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The court has the supervisory jurisdiction to ensure that subordinate courts dispose of applications expeditiously.
Headnote:
SUPERVISORY JURISDICTION - REMOVAL OF OBSTRUCTION - DELAY IN DISPOSAL OF APPLICATION - [Article 227 of the Constitution of India]
Fact of the Case:
The petitioner filed an original petition seeking a direction to the Court of the Munsiff, Aluva to consider and dispose of I.A.No.1476/2019 in OS No.96/2018 within a time frame. The application was filed to remove certain stones which were kept on the western boundary of the plaint schedule property.
Finding of the Court:
The court noted that the application was dismissed by the court below on 21.12.2019 and the Additional District Judge, N.Paravur, by order dated 26.03.2022 in CMA No.2/2020, had directed the court below to reconsider the said application. The court also noted that a report has been filed by an Advocate Commissioner on 27.01.2022 with a plan prepared by the Taluk Surveyor and the application stand posted for evidence to 23.12.2022.
Issues: Delay in disposal of application for removal of obstruction.
Ratio Decidendi: The court, in exercise of its supervisory powers under Article 227 of the Constitution of India, directed the Court of the Munsiff, Aluva to consider and dispose of IA No.1476/2019 in OS No.96/2018, in accordance with law, as expeditiously as possible, at any rate within a period of six months from the date of receipt of a certified copy of the judgment.
Final Decision: The court ordered the Court of the Munsiff, Aluva to dispose of the application within a period of six months.
JUDGMENT
The original petition is filed, to direct the Court of the Munsiff, Aluva to consider and dispose of I.A.No.1476/2019 in OS No.96/2018 within a time frame.
2. Pursuant to the order dated 18.11.2022 passed by this Court, the learned Munsiff, by communication dated 21.11.2022, has informed this Court that IA No.1476/2019 is filed to remove certain stones which were kept on the western boundary of the plaint schedule property. The application was dismissed by the court below on 21.12.2019. The Additional District Judge, N.Paravur, by order dated 26.03.2022 in CMA No.2/2020, has directed the court below to reconsider the said application. A report has been filed by an Advocate Commissioner on 27.01.2022 with a plan prepared by the Taluk Surveyor. The application stand posted for evidence to 23.12.2022. The court below would make an endevour to dispose of the application within a period of six months.
3. Heard; Sri. M.G. Jeevan, the learned counsel appearing for the petitioner and Sri.K.V.Sohan , the learned counsel appearing for the respondent.
In the light of the pleadings and the materials on record, after perusing the communication of the learned Munsiff and in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Aluva to consider and dispose of IA No.1476/2019 in OS No.96/2018, in accordance with law, as expeditiously as possible, at any rate within a period of six months from the date of receipt of a certified copy of this judgment. The original petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE
Exhibit P4 TRUE PHOTO COPY OF OBJECTION FILED BY PETITIONER IN I.A.544/2018 IN O.S.96/2018 Exhibit P5 TRUE PHOTO COPY OF THE WRITTEN STATEMENT FILED BY PETITIONER IN O.S.96/2018 Exhibit P6 TRUE PHOTO COPY OF THE LOCATION SKETCH DT.23.11.2010 VILLAGE OFFICER, ALUVA WITH REGARD TO PLAINT SCHEDULE PROPERTY IN O.S.96/2018 Exhibit P7 TRUE PHOTO COPY OF THE REGD.SALE DEED NO:3039/2010 DT.10.12.2010 OF ALUVA SRO EXECUTED IN FAVOUR OF RESPONDENT Exhibit P8 TRUE PHOTO COPY OF THE REGD.SALE DEED NO:1099/2004 DT.4.3.2004 OF ALUVA SRO EXECUTED BY KOCHAHAMMED IN FAVOUR OF HIS WIFE AIYISHA. ALONG WITH TYPED COPY Exhibit P9 TRUE PHOTO COPY OF THE ORDER DT.25.10.2018 IN I.A.544/2018 IN O.S .96/2018 PASSED BY MUNSIFF COURT, ALUVA.
Exhibit P10 TRUE PHOTO COPY OF THE ADVOCATE COMMISSIONER'S REPORT AND ROUGH SKETCH PREPARED BY ADVOCATE LAKSHMI RANLNATH IN CMA.43/18 ON THE FILE OF ADDITIONAL DISTRICT COURT, N.PARAVUR.
Exhibit P11 TRUE PHOTO COPY OF THE ORDER DT.28.1.2019 IN CM.A.43/2018 ON THE FILE OF ADDITIONAL DISTRICT COURT, N.PARAVUR.
Exhibit P12 TRUE PHOTO COPY OF I.A.1476/2019 DT.19.7.2019 FILED BY PETITIONER IN O.S.96/2018 FOR REMOVING THE OBSTRUCTION CAUSED BY RESPONDENT.
Exhibit P13 TRUE PHOTO COPY OF THE ADVOCATE COMMISSIONER'S REPORT DT. 18.10.2019 IN O.S.96/2018 ON THE FILE OF MUNSIFF COURT ALUVA.
Exhibit P14 TRUE PHOTO COPY OF THE PLAN PREPARED BY TALUK SURVEYOR IN O.S.96/2018 ON THE FILE OF MUUSIFF COURT ALUVA.
Exhibit P15 TRUE PHOTO COPY OF THE ORDER DT.21.12.2019 PASSED BY MUNSIFF COURT, ALUVA IN I.A.1476/2019 IN O.S.96/2018 ON THE FILE OFMUNSIFF COURT ALUVA.
Exhibit P16 TRUE PHOTO COPY OF THE ADVOCATE COMMISSIONER'S REPORT DT. 27.01.2022 BY ADVOCATE LAKSHMI RALRMATH IN O.S.96/2018 ON THE FILE OF MUNSIFF COURT ALUVA.
Exhibit P17 TRUE PHOTO COPY OF THE PLAN PREPARED BY TALUK SURVEYOR ALUVA IN O.S.96/2018.
Exhibit P18 TRUE PHOTO COPY OF ORDER DT.26.3.2022 IN CMA.2/2020 ON THE FILE OF ADDITIONAL DISTRICT COURT, N.PARAVUR.
