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Judgment
6 paragraphs · 222 wordsC.S Dias, J
The original petition is filed to direct the Court of the Munsiff, Aluva, to consider and dispose of IA No.3/2022 in OS No.314/2022 expeditiously.
Pursuant to the order dated 23.12.2022 passed by this Court, the learned Munsiff, by communication dated 5.1.2023, has informed this Court that IA No.3/2022 is filed to consider the maintainability of the suit. Since the defendant has not filed the written-statement, the issue of maintainability is not considered. The court below requires one month’s time to dispose of IA No.3/2022.
Heard; Sri.Sandeep, the learned Counsel appearing for the petitioner. Even though notice has been served on the learned counsel appearing for the respondent before the court below, there is no appearance for her.
In the light of the pleadings and materials on record and after perusing Ext P1 preliminary objection and the communication of the learned Munsiff, Aluva, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Aluva, to consider and dispose of IA No.3/2022 in OS No.314/2022, in accordance with law and as expeditiously as possible, at any rate within a period of one month from today after taking into account Ext P1 preliminary objection filed in the suit.
The original petition is ordered accordingly.