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Judgment
6 paragraphs · 368 wordsC.S.Dias, J
The petitioner desires to get O.S.No.43/2022 on the file of the Court of Munsiff, Varkala, to be disposed of out of turn.
The petitioner has averred in the original petition that he has filed Ext.P1 plaint against the respondents, seeking recovery of the plaint scheduled property by evicting the respondent from the shop room owned by him. The respondents have not filed any written statements till date. The petitioner is a senior citizen and suffering from various ailments. Hence, the petitioner seeks for an out of turn disposal of the above suit.
The Code of Civil Procedure, 1908, provides the procedure to be followed by civil courts, right from the date of institution of a suit till its disposal.
The supervisory jurisdiction of this Court under Article 227 of the Constitution of India is to be exercised sparingly and in appropriate cases. The power under this Article casts a duty on this Court to keep subordinate Courts and Tribunals within their bounds of authority and see that they discharge their functions as per the mandate prescribed under law. But, that does not mean that this Court is to intermeddle with the proceedings before the subordinate courts on the mere asking of a party, at their whims and caprice.
Admittedly, Ext.P1 plaint was filed only on 27.01.2022. The respondents have not even filed their written statements. The suit is only at a nascent stage. Therefore, I am of the view that the petitioner cannot get an out of turn preference to get Ext.P1 disposed of expeditiously. Nonetheless, I do not assume for a moment that the court below will not follow the time lines laid down under the Code of Civil Procedure, 1908, to decide the suit in accordance with law, and as per its seniority. I do not find any ground or circumstance to exercise the extra ordinary supervisory powers of this Court as enshrined under Article 227 of the Constitution of India, to direct the court below to give the petitioner an out of turn preference and decide the suit in precedence to the older pending cases. The original petition is an unwarranted litigation and is dismissed at the threshold.