High CourtsSingle Bench

Sebastian vs Mariyam @ Sisily

High Court Of Kerala · Decided on 17 November 2022 · Citation: (2022) 11 KL CK 0207

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. 2205 Of 2022
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Judgment

7 paragraphs · 262 words

C.S Dias,J.

1.

The original petition is filed to direct the Court of the IVth Additional District Judge, Thrissur, to consider and dispose of IA No.1/2022 in CMA No.60/2022, within a time frame.

2.

Pursuant to the order dated 11.11.2022 passed by this Court, the learned District Judge, by communication dated 15.11.2022, has informed this Court that IA No.1/2022 is filed to condone the delay of 1258 days. The respondents 1 to 3 have not filed their counter affidavit. The interlocutory application stands posted to 7.12.2022 for the counter affidavit of the respondents. The court below would make every endeavour to dispose of the application within three months.

3.

Heard; Sri.Lindons C.Davis, the learned counsel appearing for the petitioners and Sri.Sumodh Madhavan Nair, the learned counsel appearing for the respondents.

4.

Sri.Sumodh Madhavan Nair, on instructions, submits that the respondents 1 to 4 would file their counter affidavit on or before 7.12.2022. The said submission is recorded.

In the light of the pleadings and materials on record, and after perusing the communication of the learned District Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Additional District Judge-IV, Thrissur, to consider and dispose of IA No.1/2022 in CMA No.60/2022, within one month from the date the respondents file their counter affidavit. It is made clear that until such time orders are passed on IA 1/2022, all further proceedings in the final decree application in OS No.1230/2014 shall be kept in abeyance.

The original petition is ordered accordingly.