High CourtsSingle Bench(2023) 03 KL CK 0265

Teresa Luke, W/o Luke vs Varghese @ Thomas Varghese (Died), S/o Thomas

High Court Of Kerala · Decided on 27 March 2023

HON’BLE JUDGES
C.S.Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No.401 Of 2023

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Judgment

6 paragraphs · 236 words

C.S.Dias, J

1.

The original petition is filed to direct the Court of Munsiff, Perumbavoor, to consider and dispose of O.S. No.414/2019 within a reasonable time period.

2.

Pursuant to the order dated 16.2.2023 passed by this Court, the learned Munsiff, Perumbavoor, by communication dated 21.2.2023, has informed this Court that the suit is filed for fixation of boundary and other ancillary reliefs. The plaintiff was directed to issue summons to the supplemental 3rd defendant. So far steps have not been taken. The court below requires at least six months time to dispose of the suit after the competition of the pre-trial steps.

3.

Heard; Abhay Ferdinand, the learned counsel appearing for the petitioner and Sri. K.S. Sajeev Kumar the learned counsel appearing for the second respondent. Even though notice has been served on the counsel appearing for the respondents 3 and 4 before the court below, there is no appearance for them.

4.

In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Perumbavoor, to consider and dispose of O.S. No.414/2019, in accordance with law and as expeditiously as possible, at any rate, within a period of four months after the completion of the pre-trial steps.

The original petition is ordered accordingly.