High CourtsSingle Bench(2023) 03 KL CK 0270

Arif Khan P.A vs KLM Fincorp Ltd

High Court Of Kerala · Decided on 29 March 2023

HON’BLE JUDGES
C.S.Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No.693 Of 2023

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Judgment

6 paragraphs · 284 words

C.S.Dias, J

1.

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.