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Mohana Dasan vs Vijayan C K

High Court Of Kerala · Decided on 23 May 2022 · Citation: (2022) 05 KL CK 0108

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Allowed
CASE NUMBER
Original Petition (C) No. 757 Of 2022
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Judgment

6 paragraphs · 201 words

A.Badharudeen, J.

1.

This original petition has been filed under Article 227 of the Constitution of India by the defendants 7 and 8 in O.S.No.50 of 2012 pending before the Munsiff Court, Pathanamthitta.

2.

Heard   the   learned   counsel   for   the petitioners.

3.

When the case was considered on 10.5.2022, this Court called for a report from the learned Munsiff, Pathanamthitta. As per report dated 18.05.2022, the learned Munsiff, after conceding the fact that this is a suit coming under the five plus year old category, sought nine months time for disposal of the suit. However, it appears that the suit is for cancellation of two sale deeds and consequential partition. Thus, it appears that the time sought for by the learned Munsiff is not reasonable.

In the result, this original petition is allowed. Therefore, there shall be a direction to the learned Munsiff to expedite the trial and dispose of O.S.No.50 of 2012 pending before the Munsiff Court, Pathanamthitta within a period of five months from the date of production or receipt of a copy of this judgment.

Registry is directed to forward a copy of this judgment to the learned Munsiff Court, Pathanamthitta within seven days for information and compliance.