Moni vs Chachamma

C.S Dias, J

The original petition is filed to direct the Court of the Principal Munsiff, Ernakulam, to consider and dispose of I.A. Nos. 2 and 3 of 2023 in FDA No.3079/2016 within a reasonable time period.

Pursuant to the order dated 08.02.2023 passed by this Court, the learned Principal Munsiff, Ernakulam, by communication dated 10.02.2023, has informed this Court that FD(IA) No.3079/2016 is posted for the report of the Advocate Commissioner. At that juncture, I.A. No.2/2023 is filed under order 21 Rule 58 and 59 of the Code of Civil Procedure and I.A. No.3/2023 is filed to keep in abeyance the final decree proceedings. The respondents in the applications have filed their objections and the same stands posted to 25.02.2023. Prima facie, the court below finds that I.A. No.2/2023 is not maintainable. Nonetheless, the court below is prepared to hear and dispose of the applications, if there is no evidence on the side of the petitioners, as expeditiously as possible.

Heard; Sri.Dilish K. John, the learned counsel appearing for the petitioners and Sri.K.Jagadeesh, the learned counsel appearing for the first respondent. In view of the limited relief that I propose to pass, I dispense with notice to the second respondent.

In the light of the pleadings and materials on record and after perusing the communication of the learned Principal Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Munsiff, Ernakulam, to consider and dispose of I.A. Nos.2/2023 and 3/2023, in accordance with law, including the maintainability of I.A. No.2/2023, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of the judgment.

The original petition is ordered accordingly.