Mathew Joseph vs Saramma Mathew

C.S Dias, J

The original petition is filed, to direct the Court of the Additional District Judge-II, Alappuzha, to consider and dispose of I.A.Nos.4/2022 & 5/2022 in C.M.A.No.3/2018 (Exts P11 & P12 ) within a time frame and until such time, to stay all further proceedings in E.P.No.208/2014 in O.S.No.44/2011 of the Court of the Munsiff, Alappuzha.

Pursuant to the order dated 28.11.2022 passed by this Court, the learned Additional District Judge-II, Alappuzha, by communication dated 29.11.2022, has informed this Court that Ext P11 application is filed to restore C.M.A.No.3/2018 and Ext P12 application is filed to condone the delay in filing Ext P11. The applications are posted to 02.01.2023, for return of notice of the respondents. The applications can be disposed of within two months from the date of appearance of the respondents.

Heard; Sri. Unni K.K., 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 2 to 9 before the court below and a memo is filed to the effect, there is no appearance for them.

In the light of the pleadings and materials on record and after perusing the communication of the learned District Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the learned Additional District Judge-II, Alappuzha, to consider and dispose of Exts P11 and P12 filed in C.M.A.No.3/2018, in accordance with law, as expeditiously as possible, at any rate, within one month from the date the respondents 2 to 9 enter appearance before the court below. Until such time, orders are passed on Exts P11 & P12, all further proceedings in E.P.No.208/2014 in O.S.No.44/2011 of the Court of the Munsiff, Alappuzha, shall be kept in abeyance.

The original petition is ordered accordingly.