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Judgment
7 paragraphs · 362 wordsC.S Dias, J
The petitioner desires to get O.S.No.549/2021 of the Court of the Munsiff, Nedumangad, to be disposed of out of turn.
The petitioner has averred in the original petition that, she is the first plaintiff in the above suit, which is filed against the respondents 1 and 2 for partition and consequential injunction. The respondents 3 and 4 are also the plaintiffs in the suit. The obstruction that has been caused by the respondents 1 and 2 is causing severe mental agony to the petitioner. The petitioner and respondents 1 and 2 are senior citizens. Therefore, the petitioner seek for expeditious disposal of the suit.
The Code of Civil Procedure, 1908, provides 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.
Admittedly, Ext.P1 was instituted only on 22.9.2021. The respondents 1 and 2 are yet to file their written statement. The suit is one for partition. It is only at a nascent stage. 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 to decide the suit, in accordance with law and as per the seniority of the suit. I do not find any ground or circumstance to exercise the extra ordinary 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 unwarranted and is dismissed.