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2023 Supreme(Online)(KER) 11803

HIGH COURT OF KERALA
C.S. DIAS, J
ARIF KHAN P.A – Appellant
Versus
KLM FINCORP LTD – Respondent
OP(C) 693 2023



Advocates:
K.MOHAMMED RAFEEQ, AMARNATH R LAL, VISHNUMAYA ANANDAN, P.M.MATHEW, SANALDEV E.P., M.S.AJITH

The judgment reinforces the authority of the court to supervise lower courts to ensure justice is expeditiously delivered.

Headnote:

Supervisory Jurisdiction - Original Petition - Article 227 - Court's directive to dispose applications expeditiously.

Fact of the Case:

The petitioner sought a directive for the Munsiff Court to consider two interim applications related to setting aside an ex parte decree and condoning delay in filing, while also requesting a pause in related execution proceedings.

Finding of the Court:

The court, exercising its supervisory powers, directed the Munsiff Court in Muvattupuzha to expedite the consideration of the applications within two months, while also mandating that proceedings in Perumbavoor be deferred.

Issues: The primary issue was whether the court should direct the Munsiff Court to consider the interim applications in a timely manner and stay further proceedings in the related execution petition.

Ratio Decidendi: The court emphasized its supervisory jurisdiction under Article 227, which allows intervention to ensure that lower courts perform their duties and that litigants are afforded fair opportunities to present their cases.

Final Decision: The court ordered that the Munsiff Court consider and dispose of the applications within two months and deferred further proceedings in the execution case.

JUDGMENT

The original petition is filed to direct the Court of the Munsiff, Muvattupuzha, to consider and dispose of IA Nos.6/2023 and 1/2023 in OS No.155/2019 and until such time to direct the Court of the Munsiff, Perumbavoor to defer further proceedings in EP No.17/2020.

2. Pursuant to the order dated 20.3.2023 passed by this Court, the learned Munsiff-in-Charge, Muvattupuzha, by communication dated 23.3.2023, has informed this Court that IA No.6/2023 is filed to set aside the ex parte decree and IA No.1/2023 is filed to condone the delay in filing IA No.6/2023. The applications were posted to 22.2.2023 and have been adjourned to 10.4.2023. The Presiding Officer is holding additional charge of the said Court. The court below would dispose of the applications within two months.

3. Heard; Sri.K.Mohammed Rafeeq, the learned Counsel appearing for the petitioner and Sri.M.S Ajith, the learned counsel appearing for the respondent.

4. In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff-in-charge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I direct the Court of the Munsiff (Munsiff-in-charge), Muvattupuzha, to consider and dispose of IA Nos.6/2023 and 1/2023 in OS No.155/2019, in accordance with law and as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of the judgment, after affording the respondent an opportunity to file its counter affidavits to the above applications. Until such time orders are passed on the above applications, the Court of the Munsiff, Perumbavoor, is directed to defer further proceedings in EP No.17/2020.

The original petition is ordered accordingly.

SD/-

sks/29.3.2023 C.S.DIAS, JUDGE APPENDIX OF OP(C) 693/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF PLAINT FILED BY THE RESPONDENT HEREIN AS OS NO. 155/2019 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA.

Exhibit-P2 TRUE COPY OF NOTICE DATED 19.09.2022 IN EP NO.17/2020 ON THE FILE OF MUNSIFF COURT, PERUMBAVOOR.

Exhibit-P3 TRUE COPY OF APPLICATION TO SET-ASIDE EX PARTE PETITION AS IA NO. 6 /2023 IN OS NO. 155/2019 ON THE FILE OF MUNSIFF COURT, MUVATUPPUZHA.

Exhibit-P4 TRUE COPY OF APPLICATION TO CONDONE THE DELAY AS IA NO. 1/2023 IN OS NO. 155/2019 ON THE FILE OF MUNSIFF COURT, MUVATUPPUZHA.

Exhibit P5 TRUE COPY OF MEMO DATED 25.03.2023 SIGNED BY THE COUNSEL FOR THE RESPONDENT STATING THAT HE RECEIVED A COPY OF THE ABOVE ORIGINAL PETITION.

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