Sreeja Rajesh vs Sreekumar

C.S Dias, J

The petitioner desires to get O.S.No.124/2022 on the file of the Court of Munsiff, Koothuparambu, to be disposed of out of turn.

The petitioner has averred in the original petition that he is the first defendant in the above suit which is filed by the first respondent, seeking a decree of partition. The suit is filed only to harass the petitioner. The first respondent has no authority to file the suit. Hence, the suit may be directed to be disposed of out of turn.

The Code of Civil Procedure, 1908, lays down 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.

Undisputedly, Ext.P5 plaint was filed only on 19.03.2022. The suit is at a nascent stage. Therefore, I am of the view that the petitioner cannot get an out of turn preference to get Ext.P5 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.