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2024 Supreme(Online)(KER) 52064
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 OP(C) NO. 62 OF 2024 OS 121/2021 OF MUNSIFF COURT, PUNALUR PETITIONER/PLAINTIFF IN OS:
1 KOSHY VARGHESE, AGED 62 YEARS S/O VARGHESE, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE, PUNALUR TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305 BY ADVS.
NIRMAL V NAIR ANEES.T RESPONDEN T S / DEFENDANTS IN O S :
1 ANNAMMA MATHEW, AGED 60 YEARS W/O MATHEW, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE, PUNALUR TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305
2 BINDU.M, AGED 38 YEARS D/O ANNAMMA MATHEW, VENGAVILA PUTHENVEEDU, VALACODE VILLAGE, PUNALUR TALUK, VILAKKUVATTOM P.O., KOLLAM, PIN - 691305 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.JAYACHANDRAN, J.
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O.P.(C.) No.62 of 2024 ------------------------------------
Dated this the 10th day of January, 2024
JUDGMENT
This Original Petition preferred by the plaintiff in O.S. No.121/2021 is pending before the Munsiff Court, Punalur. The petitioner seeks expeditious disposal of the said suit. As an interim relief, the petitioner seeks expeditious disposal of Ext.P8 application, which is one preferred by the defendants (respondents herein)
seeking to set aside an ex-parte order against them. 2. Having regard to the main relief, this Court is not inclined to allow the same, as the same may frustrate the legitimate expectations of those litigants who have preferred cases earlier and who are waiting in the queue for adjudication. As regards the interim relief, which this Court proposes to grant as the main relief, there will be a direction to the learned Munsiff, Punalur, to hear and dispose of Ext.P8 application, within a period of one month from the date of receipt of a copy of this judgment.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE SKP/10-01 APPENDIX OF OP(C) 62/2024 PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT DATED 9-4-2021 IN OS NO. 121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR EXHIBIT P2 A TRUE COPY OF THE IA.NO.2/2021 DATED 9-4-2021 IN OS NO. 121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 29-7-2021 SUBMITTED BY THE ADVOCATE COMMISSIONER ALONG WITH THE MAHAZAR AND SKETCH DATED 10-4-2021 EXHIBIT P4 A TRUE COPY OF THE CASE PROCEEDINGS IN OS NO.
121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR OBTAINED FROM KOLLAM.DCOURTSGOV.IN EXHIBIT P5 A TRUE COPY OF THE CASE STATUS REPORT DATED 13-
9-2023 IN OS NO. 121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR EXHIBIT P6 A TRUE COPY OF THE EX PARTE PROOF AFFIDAVIT FILED BY THE PETITIONER EXHIBIT P7 A TRUE COPY OF THE CASE STATUS REPORT DATED 3-
11-2023 IN OS NO. 121/2021 ON THE FILES OF MUNSIF COURT, PUNALUR EXHIBIT P8 A TRUE COPY OF THE PETITION DATED 29-11-2023 SUBMITTED BY THE RESPONDENTS EXHIBIT P9 A TRUE COPY OF THE CASE STATUS REPORT DATED 29-
11-2023 IN O.S. NO. 121/2021 ON THE FILES OF THE MUNSIF COURT, PUNALUR RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE
