High Court of KeralaOP(C)/166/2015disposed of

Laila v. Usha

2015-01-20Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 OP(C).No. 166 of 2015 (O) ------------------------------ (OS 591/2012 of MUNSIFF COURT, ATTINGAL) PETITIONER:

-------------- LAILA AGED, 56 YEARS W/O.SUGATHAN, DWARAKA, KODUVAZHANNOOR POST, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT-695 612.

BY ADV. SRI.J.JAYAKUMAR RESPONDENTS:

-----------------

1. USHA, AGED 42 YEARS, W/O.ANILKUMAR, THADATHARIKATHU VEEDU, POYYAKKADA KODUVAZHANNOOR POST, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT - 695 612.

2. ANIL KUMAR S/O.GOPINATHAN, THADATHARIKATHU VEEDU, POYYAKKADA, KODUVAZHANNOOR POST, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT - 695 612.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 166 of 2015 (O) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------ P1TRUE COPY OF THE PLAINT IN O.S.NO.591/2012 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ATTINGAL. P2TRUE COPY OF THE PLAINT IN O.S.NO.557/2012 FILED BY THE 1ST RESPONDENT BEFORE THE MUNSIFF COURT, ATTINGAL. P3TRUE COPY OF THE AFFIDAVIT DATED 10.1.2013 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ATTINGAL IN EXT.P2 SUIT.

P4TRUE COPY OF THE WRITTEN STATEMENT DATED 5.8.2013 FILED BY THE RESPONDENTS IN EXHIBIT P1 SUIT.

P5TRUE COPY OF THE RENT DEED DATED 16.5.2012 EXECUTED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS: NIL.

-------------------------------- // True Copy // P.A. To Judge smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.166 OF 2015 ------------------------------------------------- Dated this the 20th day of January, 2015.

J U D G M E N T

The limited prayer in this original petition under Article 227 of the Constitution of India is for a direction to the Munsiff Court, Attingal to take up O.S.No.591/2012 and dispose of it as early as possible.

2. Ext.P1 is the plaint filed by the petitioner wherein she seeks eviction of the respondents from the plaint schedule building. It is pointed out that pleadings are complete and the case has been posted for pre trial steps on several occasions and there is no reason as to why the case should not be included in the list for trial.

3. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. This original petition is disposed of directing the Munsiff Court, Attingal to take up O.S.No.591/2012 as early as possible and dispose of it as expeditiously as possible, at any rate, within

O.P.(C) No.166/2015 a period of four months from the date of receipt of a copy of this judgment if the parties co-operate.

Sd/- P.BHAVADASAN JUDGE smp