High CourtsSingle Bench

V.N.Harold vs M.J.Joseph

High Court Of Kerala · Decided on 8 June 2021 · Citation: (2021) 06 KL CK 0096

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Allowed
CASE NUMBER
OP(C) NO. 876 OF 2021
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Judgment

14 paragraphs · 258 words

R. Narayana Pisharadi, J

1.

This original petition is filed under Article 227 of the Constitution of India seeking a direction to the Munsiff's Court, Cherthala to dispose of the suit

O.S.No.247/2018 pending in that court.

2. This Court had called for a report from the Principal Munsiff, Cherthala with regard to the present status and also the time required for disposal

of the suit. In his letter dated 16.04.2021, learned Munsiff has stated that the report and plan of the Advocate Commissioner have not been obtained

and a further period of three months would be required for disposal of the suit.

3. Learned counsel for the petitioner submits that the application for appointment of Commissioner was filed by him but the Commissioner has not

yet filed the report. Learned counsel for the petitioner also submits that a period of six months may be granted to the learned Munsiff to dispose of the

suit. However, it is to be noted that, in O.P(C) No.1048/2020 filed by the respondent, as per the judgment dated 21.08.2020, this Court had directed

the learned Munsiff to dispose of the suit within a period of eight months.

4. Since the learned Munsiff has only prayed for a period of three months from 15.06.2021 for the disposal of the suit, I am inclined to grant only

that much time.

6. Consequently, the original petition is allowed as follows: The Principal Munsiff, Cherthala is directed to dispose of the suit O.S.No.247/2018 on

the file of that Court within a period of three months from 15.06.2021.