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2023 Supreme(Online)(KER) 24263
HIGH COURT OF KERALA
C.S. DIAS, J
N. Muthu Lakshmi, – Appellant
Versus
S. SWAMINATHAN, – Respondent
OP(C) 629 2023
O.D.SIVADAS, S.SUNIL NARAYANAN, G.HARIHARAN, PRAVEEN.H.(K/1441/2002), K.S.SMITHA(K/106/2012), V.R.SANJEEV KUMAR(K/000741/2017), GENTLE C.D.(K/62/2022)
The court reaffirmed its supervisory powers under Article 227 to ensure expedient resolution of cases.
Headnote:
Supervisory - Judicial Review - Article 227 - The court directed the subordinate judge to expedite the consideration and disposal of an application challenging the plaint based on limitation, emphasizing the timely administration of justice.
Fact of the Case:
A petition was filed to compel the Subordinate Judge of Kollam to address IA No.3/2022 in OS No.66/2022, which sought to reject the plaint as time-barred.
Finding of the Court:
The court observed the delay requested by the subordinate court and exercised its supervisory powers under Article 227 to expedite the matter and ensure timely resolution within four months.
Issues: Whether the subordinate court should be directed to consider and dispose of IA No.3/2022 within a specified timeframe.
Ratio Decidendi: The court highlighted its obligation to ensure efficient judicial processes and the necessity for the subordinate court to act within a reasonable time frame.
Final Decision: The court ordered the subordinate judge to dispose of the application within four months.
JUDGMENT
The original petition is filed to direct the Court of the Subordinate Judge, Kollam to consider and dispose of IA No.3/2022 in OS No.66/2022 within a reasonable time period.
2. Pursuant to the order dated 13.03.2023 passed by this Court, the learned Principal Subordinate Judge, by communication dated 16.03.2023, has informed this Court that IA No.3/2022 is filed to reject the plaint as barred by limitation. The application stands posted for counter and hearing to 18.03.2023. The court below requires four months time to dispose of IA No.3/2023. 3. Heard; Sri.O.D.Sivadas, the learned Counsel appearing for the petitioner, Sri.M.Kiranlal, the learned Counsel appearing for the 1st respondent and Sri.G.Hariharan, the learned Counsel appearing for the
3rd respondent.
In the light of the pleadings and the materials on record and after perusing the communication of the learned Principal Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I direct the Court of the Principal Subordinate Judge, Kollam to consider and dispose of IA No.3/2022 in OS No.66/2022, in accordance with law and as expeditiously as possible, at any rate within a period of four 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 P2 TRUE COPY OF THE IA NO.3 / 2022 DATED 11.8.2022 IN OS NO.66 / 2022 ON THE FILE OF THE HON'BLE SUB COURT, KOLLAM, FILED BY THE PETITIONER HEREIN/1ST DEFENDANT Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY DATED
30.8.2000, EXECUTED BY THE PLAINTIFF/1ST RESPONDENT HEREIN Exhibit P4 TRUE COPY OF THE MEMORANDUM OF TITLE DEEDS ISSUED BY THE STATE BANK OF TRAVANCORE, BEACH ROAD BRANCH, KOLLAM, DATED 10.8.2004.
Exhibit P5 TRUE COPY OF THE PLAINT AS OS NO.652/2002 DATED
16.8.2002 FILED BY ALL THE PARTIES IN THIS O.P.
(C).
Exhibit P6 TRUE COPY OF THE VAKKALATH EXECUTED BY THE PARTIES FOR FILING OS NO.652/2002 ON THE FILE OF THE HON'BLE SUB COURT, KOLLAM.
