High CourtsSingle Bench

Jayasree vs Radhakrishna Pillai

High Court Of Kerala · Decided on 2 March 2022 · Citation: (2022) 03 KL CK 0021

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 159 Of 2022
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Judgment

7 paragraphs · 218 words

A. Badharudeen, J

1.

In this case the petitioner, who is the 1st defendant in O.S.No.224/2019 on the file of Munsiff Court-II, Kolam, seeks early disposal of I.A.1446/2019 pending in the said Suit. Thus he has filed this Original Petition under Article 227of the Constitution of India.

2.

The respondent appeared through Advocate Vinu George. He did not oppose the prayer.

3.

As per the report submitted by the learned Munsiff, Kollam dated 15.02.2022, as called for, the learned Munsiff submitted that survey commission report ordered in I.A.No.6/2020 is awaiting and I.A.No.1446/2019 can be disposed of within one month after filing the commission report. The learned Munsiff not stated the time required for getting the commission report. Nothing could be gathered from the report as regards the efforts made by the Munsiff also to ensure timely filing of the commission report and plan.

4.

Therefore, there shall be a direction to the learned Munsiff, Kollam to expedite filing of survey commission report and plan within a period of one month from today and also to hear and dispose of I.A.No.1446/2019 thereafter within a period of 10 days.

The Original Petition is disposed of accordingly.

Registry shall forward a copy of this judgment by e-mail to the Munsiff, Kollam, today itself, apart from forwarding physical copy within 7 days.