Beena, W/o Sugunan vs Sheeba

C.S.Dias, J

The original petition is filed to direct the Court of the Additional Munsiff, Kollam, to consider and dispose of I.A.No.7/2022 in O.S.No.124/2022 (Ext P8) within a time frame.

Pursuant to the order dated 05.01.2023 passed by this Court, the learned Principal Munsiff(In charge of Additional Munsiff), by communication dated 09.01.2023, has informed this Court that I.A.No.7/2022 is filed by the counter claim plaintiffs, to review the order dated 08.04.2022 and to hear I.A.Nos.1, 2 & 4/2022 as early as possible. The petition was filed on 10.11.2022 and the same has been adjourned to 18.11.2022 for objection and hearing. The respondents have not filed their counter affidavits. The learned Munsiff is working as Principal Munsiff and also is holding charge of the Additional Munsiff, Kollam. There are more than 5000 cases pending before her. She may be granted three month’s time to dispose of I.A.No.7/2022 along with I.A.Nos.1, 3 & 4/2022.

Heard; Sri. B. Mohanlal, the learned counsel appearing for the petitioners. Even though notice of the original petition has been served on the learned counsel appearing for the respondents before the court below, there is no appearance for them.

In the light of the pleadings and materials on record and taking into account the peculiar facts and circumstances of the case, I am of the definite view that the court below is to be directed to dispose of the above-mentioned Interlocutory Applications in precedence to the other pending cases.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the learned Principal Munsiff (In charge of Additional Munsiff), Kollam, to consider and dispose of I.A.No.7/2022 along with I.A.Nos.1, 3 & 4/2022, in accordance with law and as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

The original petition is ordered accordingly.