JUDGMENT

This petition has been filed by the petitioner seeking intervention of this court for giving direction to the Munsiff, Attingal for speedy disposal of O.S.26/2014 of that court under Article 227 of the Constitution of India .

2. It is alleged in the petition that the petitioner as plaintiff filed Ext.P1 suit as O.S.26/2014 on the file of the Munsiff Court, Attingal against the respondent for declaration of title and possession of the plaintiff over the plaint schedule properties and buildings therein and for injunction and also for cancellation of the sale deed No.3824/2007 of S.R.O., Pothenkode. The respondent filed Ext.P2 written statement denying the right of the plaintiff to get the decree and also raised the plea of limitation for filing the suit and prayed for dismissal of the suit. The petitioner is a senior citizen aged 73 years and he wants to get the case disposed of at the earliest. So the petitioner has no other remedy except to approach this court, seeking the following reliefs:

i. issue a writ of certiorari or any other appropriate writ, order

or direction, directing the Munsiff's Court, Attingal to dispose of O.S.26/2014 with a period of 3 months or at the earliest to be fixed by

this Hon'ble Court;

ii. grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case.

3. Considering the nature of relief claimed, this court felt that a report can be called for from the concerned court regarding the present stage and time required for disposal of the case. Accordingly a report has been called for and the learned Munsiff has sent a report which reads as follows:

“The suit No.OS 26/2014 was filed by the plaintiff Sri.Bhasi though Advocate Sri.M.P.Jayachandran Nair on 16.01.2014 for declaration, title and possession of the plaint schedule property and the building therein, prohibitory injunction and cancellation of sale deed. The defendants appeared and filed written statement and then the matter was referred to mediation u/s 89 of CPC on 12.08.2015. A report was received from the mediation centre stating that the plaintiff and defendants were absent and hence no mediation was conducted. Now the case is posted for settlement of issues on 19.11.2016. Since the issues are not settled, I humbly request that six months time may kindly be granted for disposal of OS No.26/2014 after settling issues.

The above report is submitted before your goodself for kind consideration and favourable direction”.

4. Heard Sri.Dinesh M, counsel for the petitioner and perused the report and notice to the respondent is dispensed with considering the nature of relief claimed.

5. The grievance of the petitioner was that, he is a senior citizen and his case which of the year 2014 has not been disposed of so far. It is seen from the report that, much older cases are pending before that court and the pre-trial steps have not been completed and it is posted for settlement of issue to 19.11.2016. So without completing the pre-trial steps, it is not possible for the court below to proceed with the case. Though it is less than five year old case, there is an unwritten understanding that priority in disposal of cases must be given where the right of senior citizens are involved. In this case, the petitioner is aged 73 years and he wants to dispose of the case at the earliest possible time. The learned Munsiff has expressed his willingness to dispose of the case within six months of the settlement of issues from 19.11.2016. So considering the circumstances, this court feels that the petition can be disposed of accepting the report of the Munsiff as follows:

Munsiff, Attingal is directed to expedite disposal of O.S.26/2014 pending before that court as expeditiously as possible at any rate within six months from 19.11.2016 as undertaken in the report.

With the above direction and observation, the petition is disposed of.

The Registry is directed to communicate this judgment to the court below at the earlies