High CourtsSingle Bench

Havaumma vs Alathel Pathukutty

High Court Of Kerala · Decided on 28 September 2022 · Citation: (2022) 09 KL CK 0160

HON’BLE JUDGES
C.S Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 2076 Of 2021
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Judgment

7 paragraphs · 269 words

C.S Dias, J

1.

The original petition is filed to direct the Court of the Munsiff, Chavakkad, to consider and dispose of IA Nos.6373, 6376 and 8403 of 2019 in O.S.No.458/1990, within a time frame.

2.

Pursuant to the order dated 12.11.2021 passed by this Court, the learned Munsiff, by communication dated 16.11.2021, has stated that IA Nos.6373 and 6376 of 2019 are filed by the first petitioner to set aside the ex parte final decree and to condone the delay in filing the application to set aside the decree. IA No. 8403/2019 is filed by the second petitioner to get himself impleaded as the additional eighteenth respondent in the suit. The respondents 1 and 2 have filed their counter statement to the above applications.

The applications can be disposed of within two months.

3.

Heard; Sri.V.A Vinod, the learned counsel appearing for the petitioners and Sri.P.S Sujith, the learned counsel appearing for the respondents.

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, Chavakkad, to first consider IA Nos.6373 and 6376 of 2019, after adverting to the contentions raised by the respondents 1 and 2 in their counter statement and dispose of the same, in accordance with the law, as expeditiously as possible, at any rate on or before 30.11.2022. The consideration of IA No. 8403/2019 can be considered after the above two applications are disposed of.

The original petition is ordered accordingly.