Philipose Daniel vs M.T. Varghees

C.S Dias, J

The original petition is filed to direct the Court of the Munsiff, Pathanamthitta, to consider and dispose of IA Nos.1, 2 and 3 of 2022 in OS No.353/2013 expeditiously and until such time to defer further proceedings in EP No.39/2022.

Pursuant to the order dated 23.3.2023 passed by this Court, the learned Munsiff, by communication dated 28.3.2023, has informed this Court that IA No.52/2022 is filed by the plaintiff under Order IX Rule 9 of the Code of Civil Procedure, to set aside the dismissal of the suit for default. IA No.1/2022 is filed under Sec.5 of the Limitation Act to condone the delay of 89 days in filing IA No.52/2022. IA No.3/2022 is filed by the plaintiff under Order IX Rule 13 of the Code of Civil Procedure to set aside the ex-parte decree that was passed in the counter-claim. IA No.2/2022 is filed under Sec.5 of the Limitation Act to condone the delay of 66 days in filing IA No.3/2022. All the applications are posted to 11.4.2023. The court below requires one months’ time from the date of the re-opening of the Courts after summer vacation to dispose of the applications.

Heard; Sri.C.S Manilal, the learned Counsel appearing for the petitioners. Even though notice has been served on the respondents, there is no appearance for them.

In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the learned Munsiff, Pathanamthitta, to consider and dispose of IA Nos.52, 1, 2 and 3 of 2022 in OS No.353/2013, in accordance with law and as expeditiously as possible, at any rate on or before 30.6.2023. Until such time orders are passed on the above applications, all further proceedings in EP No.39/2022 shall be kept in abeyance.

The original petition is ordered accordingly.