Ahammed vs Muhammed

C.S Dias, J

The petitioner desires to get O.S.No.455/2021 on the file of the Court of Munsiff, Nedumangad, to be disposed of out of turn.

The petitioner has averred in the original petition that he is the fourth defendant in the above suit, which filed by the first respondent, inter alia, for a decree of declaration of title and other consequential reliefs. The petitioner has filed written statement along with a counter claim, for a decree for fixation of boundary. On 04.01.2023, the respondent has filed a replication to the counter claim. A survey commission has been appointed and the report has been filed. Even though the pleadings are complete, the court below has posted the suit to 24.05.2023, for framing of issues. The pendency of the suit is causing severe hardship to the petitioner. Hence, the original petition.

Heard; Sri.A.S. Shammy Raj the learned counsel appearing for the petitioner and Sri. Unnikrishnan. S., the learned Government Pleader appearing for the respondents 2 to 4 on admission.

The Code of Civil Procedure, 1908, lays down the procedure to be followed by civil courts, right from the date of institution of a suit till the execution of the decree.

It is trite, the supervisory jurisdiction of this Court under Article 227 of the Constitution of India is to be exercised sparingly and in appropriate cases. The power under this Article casts a duty on this Court to keep subordinate Courts and Tribunals within their bounds of authority and see that they discharge their functions as per the mandate prescribed under law. But, that does not mean that this Court is to intermeddle with the proceedings before the subordinate courts on the mere asking of a party, that too to dispose of a proceeding, out of turn, unsettling the cases targeted for disposal.

On going through the pleadings and materials on record, I find that Ext P1 plaint was instituted on 12.08.2021. The petitioner has filed his written statement along with the counter claim on 13.01.2022. The first respondent has filed his replication to the counter claim on 04.01.2023. The suit is posted to 24.05.2023 for framing of issues. Therefore, I am of the view that the suit is only at its nascent stage.

On a totality of the facts and circumstances of the case, I do not find any justifiable reason or ground made out in the original petition to exercise the power of superintendence of this Court under Article 227 of the Constitution of India, to issue a direction as prayed for. Therefore, I hold that it is not for this Court to dictate the time period within which the suit is to be disposed of because of the high pendency of older suits before the court below. Hence, this Court leaves it to absolute discretion and wisdom of the court below to decide whether the petitioner has to be shown any out of turn preference in having the above suit disposed of in precedence to older pending matters.

The original petition is dismissed with the above observation.