Afsal Hussain vs Muhammed Shafi

C.S Dias, J.

The original petition is filed to direct the Court of the Subordinate Judge, Ottapalam, to consider and dispose of IA No.1/2022 in R.P No.808/2022 in OS No.7/2016, within a time frame.

Pursuant to the order dated 22.9.2022 passed by this Court, the learned Subordinate Judge, by communication dated 27.9.2022, has informed this Court that RPIA No.808/2022 is filed to set aside the ex parte decree passed in OS No.7/2016. Along with the above, an application as IA No.1/2022 is filed to condone the delay of 1767 days in filing RPIA 808/2022. The applications stand posted for return of notice of respondent to 17.11.2022. The court below would make an endeavour to dispose of the applications within three months.

Heard: Sri.V.A Johnson, the learned counsel appearing for the petitioner and Sri.Syam J Sam, the learned counsel appearing for the respondent.

Since the respondent has entered appearance through Counsel before this Court, the petitioner and the respondent are directed to appear in person/agent or through their respective Counsel before the court below on 21.12.2022. The respondent may, if so advised, file his counter affidavit to the above applications on or before the next posting date.

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 learned Subordinate Judge, Ottapalam, to consider and dispose of IA No.1/2022 in R.P No.808/2022 in OS No.7/2016, in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of the judgment. Until such time orders are passed in IA No.1/2022 and RP No.808/2022, all further proceedings in E.P No.94/2019 of the Court of the Subordinate Judge, Palakkad shall be kept in abeyance.

The original petition is ordered accordingly.