Asharaf Padinjarayil vs Mohamedali

C.S Dias, J.

The original petition is filed to direct the Court of the Subordinate Judge, Tirur, to consider and dispose of IA Nos. 1 and 14 of 2022 in OS No.58/2011, within a time frame and until such time to defer all further proceedings in EP No.59/2019.

Pursuant to the order dated 25.10.2022 passed by this Court, the learned Subordinate Judge, by communication dated 29.10.2022, has informed this Court that IA No.14/2022 is filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure and IA No.1/2022 is filed to condone the delay of 2259 days in filing IA No.14/2022. The applications were filed on 17.10.2022 and stands posted to 22.11.2022. The court below would make every endeavour to dispose of the applications within five months.

Heard: Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioner and Sri.Praveen K.joy, the learned counsel appearing for the respondent.

Sri.Praveen K.Joy submitted that the respondent has already filed his counter affidavits to IA Nos.1 and 14 of 2022 in the suit. Therefore, the court below can be directed to dispose of the above applications as expeditiously as possible.

In the light of the pleadings and materials on record and after perusing the communication of the learned Subordinate Judge, Tirur, and also taking note of the submission of the learned counsel appearing for the respondent that counter statements to IA Nos.1 and 14 of 2022 have already been filed, I direct the learned Subordinate Judge, Tirur, to consider and dispose of the applications, 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 on the above applications, all further proceedings in EP No.59/2019 of the same Court shall be kept in abeyance.

The original petition is ordered accordingly.