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Judgment
Petitioners in this original petition are the plaintiffs on O.S.No.206/2016 on the file of Munsiff Court, Mannarkkad. The original petition was filed challenging the legality and propriety of Ext.P23 judgment passed by the Additional District Judge-V, Palakkad in C.M.A.No.17/2017. By Ext.P23 judgment, order passed by the court below appointing receiver was set aside in appeal.
When this matter came up for hearing today, the learned counsel for the petitioners submitted that the court below may be called upon to dispose of the suit finally within a time frame to be fixed by this Court. The learned counsel for the petitioners further submitted that the interim order passed by this Court dated 21.08.2018 may be allowed to continue till the final disposal of the suit.
I heard the learned counsel for the respondents also.
A report as to the current status of the suit as well as the time frame within which the matter could be disposed of, was called for from the court below. The court below has suggested that the suit could be disposed of within a period of one year from the date of re-opening of court after summer vacation.
The learned counsel for the petitioners submitted that having regard to the nature of the case before the court, fixing a time frame for disposal of the suit may not be expedient. The learned counsel for the respondents did not object to the interim order passed by this Court directing the respondents not to make appointments in the educational institutions mentioned in the suit without obtaining prior permission of the court, being continued until further orders.
Since the court below is of the view suit could be finally disposed of within a time frame fixed by this Court, I am of the opinion that appropriate direction in that respect can be issued to the court below.
In the result, this original petition is disposed of directing the court below to dispose of O.S.No.206/2016 finally within a period of eight months from the date of production of certified copy of this judgment. The court below shall proceed to decide the suit untrammelled by any of the observations made by the court in Ext.P23 impugned judgment dated 28.03.2018 in C.M.A.No.17/2018. If the court below experiences difficulties in adhering to the time frame fixed, it may address this Court for periodic directions in that regard. It is directed that parties on either side should co-operate with the court below for expeditious disposal of the suit.
All pending interlocutory applications will stand closed.