High CourtsSingle Bench(2022) 08 KL CK 0057

Padmakumari vs R. Raja Raja Varma

High Court Of Kerala · Decided on 5 August 2022

HON’BLE JUDGES
C.S.Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 1392 Of 2022

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Judgment

6 paragraphs · 245 words

C.S.Dias, J

1.

The original petition is filed to direct the Court of the III Additional Munsiff, Ernakulam, to consider and dispose of I.A. No.4/2022 in O.S.No.1257/2017, within a time frame.

2.

Pursuant to the order dated 01.08.2022 passed by this Court, the learned I Additional Munsiff (in charge of the III Additional Munsiff/RCC), Ernakulam, by  communication dated 04.08.2022, has informed this Court that I.A. No.4/2022 has been filed by the first defendant in the suit, seeking permission to sell the apartment. The respondents in the application have not filed their written objections. If the parties cooperate, I.A. No.4/2022 can be disposed of within two week.

3.

Heard; Sri. N.M.Madhu, the learned counsel appearing for the petitioner and Sri. Saji Issac the learned counsel appearing for the second respondent.

Even though notice has been served on the first respondent, there is appearance for him. It is submitted that the third respondent has been set exparte before the court below.

In the light of the pleadings and materials on record and after perusing the communication of the learned I Additional Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the I Additional Munsiff, Ernakulam to consider and dispose of I.A. No.4/2022 in O.S.No.1257/2017, in accordance with law, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of this judgment.