High CourtsSingle Bench(2023) 01 KL CK 0236

Reena Johnson vs Tony Pulikken

High Court Of Kerala · Decided on 25 January 2023

HON’BLE JUDGES
C.S.Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 79 Of 2023

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Judgment

6 paragraphs · 274 words

C.S.Dias, J

1.

The original petition is filed to direct the Court of the Principal Subordinate Judge, Thrissur, to consider and dispose of I.A.Nos.1 & 3/2022 in O.S.No.270/2016 within a time frame.

2.

Pursuant to the order dated 13.01.2023 passed by this Court, the learned Subordinate Judge, by communication dated 23.01.2023, has informed this Court that I.A.No.3/2022 is filed by the petitioners to condone the delay of 1747 days in filing I.A.No.1/2022. I.A.No.1/2022 is filed to set aside the ex-parte decree that has been passed in the suit. The respondents have appeared and filed their objections to the above applications. The matter stands posted for enquiry to 20.02.2023. The court below would dispose of the applications applications within two months.

3.

Heard;  Sri.  K.M.  Muhammed  Hussain,  the learned counsel appearing for the petitioners. Even though notice has been served on the learned counsel appearing for the respondents before the court below, there is no appearance for them.

In the light of the pleadings and materials on record and after perusing the communication of the learned Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the learned Principal Subordinate Judge, Thrissur, to consider and dispose of I.A.Nos.1 & 3/2022 in O.S.No.270/2016, as expeditiously as possible and in accordance with law, at any rate, within a period of two months from today. It is made clear that, until such time orders are passed on the above applications, all further proceedings in E.P No.8/2020 of the Court of the Additional Subordinate Judge-II, Thrissur, shall stand deferred.

The original petition is ordered accordingly.