High CourtsSingle Bench

Rasiya vs Arjunan

High Court Of Kerala · Decided on 18 October 2022 · Citation: (2022) 10 KL CK 0146

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 1927 Of 2022
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Judgment

7 paragraphs · 243 words

C.S.Dias, J

1.

The original petition is filed, to direct the Court of the Principal Subordinate Judge, Irinjalakuda, to consider and dispose of I.A.No.2/2022 in A.S.No.67/2022 (Ext.P2) within a time frame.

2.

Pursuant to the order dated 13.10.2022, passed by this Court, the learned Principal Subordinate Judge, by communication dated 17.10.2022, has informed this Court that the application is posted for return of notice on the respondent to 20.10.2022. The court below would dispose of the application within one month, after the respondent files his counter affidavit.

3.

Heard; Sri. K.S. Rajesh, the learned counsel appearing for the petitioners. Even though notice has been served on the learned counsel appearing for the respondent before the court below and a memo is filed, there is no appearance for him.

In the light of the pleadings and materials on record and after perusing the communication of the learned Principal Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Subordinate Judge, Irinjalakuda, to consider and dispose of I.A.No.2/2022 in A.S.No.67/2022, in accordance with law, as expeditiously as possible, at any rate, within one month from the date the respondent files his counter affidavit/written objection to I.A.No.2/2022. Until such time orders are passed in

I.A.No.2/2022, all further proceedings in E.P.No.140/2022 in O.S.No.2314/2015 of the Court of the Munsiff, Kodungallur, shall be kept in abeyance.

The original petition is ordered accordingly.