High CourtsSingle Bench(2023) 10 KL CK 0028

Sunny Thomas vs Mariyakutty

High Court Of Kerala · Decided on 5 October 2023

HON’BLE JUDGES
Devan Ramachandran, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 2077 Of 2023

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Judgment

6 paragraphs · 227 words

Devan Ramachandran, J

1.

This Original Petition has been filed by the petitioner seeking that Ext.P8 application filed by him before the learned Munsiff, Erattupetta, be directed to be taken up and disposed of without any avoidable delay, particularly because, Ext.P7 order has already been issued.

2.

I do not propose to go into merits of any of the contentions of the petitioner because, I notice that Ext.P8 has been issued much after Ext.P7 order has been passed by the learned Munsiff's Court.

3.

In any event, I see no reason why the learned Court should not take up Ext.P8 and dispose it of as per law, including on the question whether it is maintainable; for which limited reason I am certain that this Court can come to the aid of the petitioner.

In the afore circumstances, I close this Original Petition; however, leaving full liberty to the petitioner to press for a hearing on Ext.P8 before the learned Munsiff, Erattupetta and if it is done, the said Court will take it up and dispose it of, after hearing both sides appropriately.

I reiteratingly make it clear that this Court has not entered into the merits of any of the contentions of the petitioner, including as to whether Ext.P8 is maintainable; and all issues are left open to the learned Judge to decide in terms of law.