Prajanandhan vs Shibu

C.S Dias, J

The original petition is filed to stay all further proceedings in IA No.11/2022 in OS No.369/2014 of the Court of the Principal Subordinate Judge, Thrissur, till the consideration of IA No.2/2022 in AS No.172/2022 of the Court of the District Judge – V, Thrissur.

Pursuant to the order dated 7.8.2023 passed by this Court, the learned Additional District Judge-V, by communication dated 16.8.2023, has informed this Court that IA No.1/2022 is filed in the appeal to condone the delay of 88 days. After the condonation of delay, the appeal can be disposed of within one year.

Heard; Sri.Akshay Joseph Adhikaram, the learned counsel appearing for the petitioner and Sri.R.Rajesh Kormath, the learned counsel appearing for the respondent.

Sri.R.Rajesh Kormath, on instructions, submitted that although the respondent has filed an objection to IA No.1/2022, the respondent has no objection in IA No.1/2022 being allowed and the appeal itself being considered and disposed of by the Appellate Court keeping in tact the interim order passed by this Court on 20.7.2023. I find the said submission to be justifiable and reasonable.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I am inclined to allow the original petition as follows:

(i) The Court of the Additional District Judge-IV, Thrissur, is directed to consider and dispose of AS No.172/2022, deeming it that the respondent has no objection in IA No.1/2022 being allowed, in accordance with law and as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of the judgment

(ii) Until such time orders are passed in AS No.172/2022 , all further proceedings in IA No.11/2022 in OS No.369/2014 of the Court of the Principal Subordinate Judge, Thrissur, shall stand deferred.

The original petition is ordered accordingly.