Judicial discretion guides timely resolution in civil disputes for effective adjudication.

JUDGMENT

The challenge is against a common order passed by the Principal Sub Court, Ernakulam in I.A.Nos.9/22, 10/22 and 11/22. The petitioner has filed a suit for injunction as well as for recovery of amounts which have been paid in excess to his contractor, who is the respondent. The respondent on the other hand has filed a suit for payment for the work which has already been completed by him. There are serious disputes regarding the works which have been completed and on the question whether excess payment has been paid. A commission was taken up and the Commissioner has also filed a report. The trial was completed and arguments also started, at which stage, it is stated that the applications were filed for remitting the commission report and to include the valuation for construction. There is also a prayer for directing the petitioner to furnish all documents relating to the construction especially the approved plan, completion plan, structural drawings and the architectural drawing of the building and for re-opening the evidence. The court below after considering the issue found that both parties have disputes regarding the commission report and objections had been raised by both sides. The court also found that effective adjudication of the suit is not possible based on Exts.C1 & C1(a) alone. It is in the above circumstances that the court has allowed the applications and issued consequential directions. The original petition was filed in 2022 and the matter has been in stand still for the past 3 years. Neither party will be benefited by the pendency of this original petition in this Court. Interests of justice will be served if the court below is directed to complete the entire proceedings within a time frame. Since the court below has felt that the adjudication is not possible based on the materials which are already available, I do not find any reason to interfere with the order which has now been passed.

In the above circumstances, this original petition is dismissed. However, the court below is directed to complete the entire process and dispose of the suit within a period of six months from today.