High Court of KeralaOP(C)/367/2015disposed of

V.P.Sreekumar v. Bendict Godson

2015-05-26Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 OP(C).No. 367 of 2015 (O) -------------------------- JUDGMENT IN AS 119/2013 & AS.120/2013 OF SUB COURT, NEYYATTINKARA. .........

PETITIONER:

------------------- V.P.SREEKUMAR, AGED 53 YEARS, S/OPONNAYYAN, 'ANAND', MARANALLOOR DESOM, MARANALLOOR VILLAGE.

BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL RESPONDENT(S):

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

1. BENEDICT GODSON, S/O.SILVISTER, PUTHUVAL PUTHAN BUNGLOW, AYIRA P.O.

PIN - 695502.

2. SALIM, S/O.PALAYYAN NADAR, SUVARNA SADANAM, MEKKODE, VANNIYOOR, VILAVANCODE TALUK, VANNIYOOR P.O., PIN 629163, KANAYAKUMARI DISTRICT.

BY ADVS. SRI.P.G.PARAMESWARA PANICKER SRI.P.GOPAL SRI.B.MURALEEDHARAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

OP(C).No. 367 of 2015 (O) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:

COPY OF THE APPEAL MEMORANDUM AS.119/2013 ON THE FILE OF THE SUB COURT, NEYYATTINKARA.

P2:

COPY OF THE APPEAL MEMORANDUM AS.120/2013 ON THE FILE OF SUB COURT NEYYATINKARA.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

................................................................ O.P.(C) No.367 of 2015 ............................................................... Dated this the 26th day of May, 2015

J U D G M E N T

Exts.P1 and P2 are the two appeals pending before the Subordinate Judge's Court, Neyyattinkara. Both the appeals are of the year 2013. The learned Senior counsel who is appearing for the respondent has pointed out that an application seeking issue of a Commission was filed in those appeals for noting down certain aspects, which of course, is not seriously resisted. The limited prayer of the petitioner is an expeditious disposal of these appeals. Let the application seeking appointment of a Commissioner be disposed first. After that the court below shall dispose of both the appeals as expeditiously as possible.

O.P.(C) 367 of 2015 -: 2 :- 2.

In the result, this Original Petition is disposed of by directing the court below to dispose of the commission application within 15 days from the date of receipt of the copy of this judgment and to dispose of the appeals, as expeditiously as possible, at any rate, within a period of seven months from the date of receipt of copy of this judgment.

If the commission application is adjourned by the court below to some other date, the court below shall advance the application and dispose it of within the specified time limit mentioned above.

Sd/- B.KEMAL PASHA, JUDGE ul/- The terms "which of course, is not seriously resisted" contained in the third sentence (sixth line) of the first paragraph of the judgment dated 26/05/015 in OP(C) No.367/2015 are deleted as per order dated 11/06/2015 in R.P. 475/2015 in OP(C) No.367/2015.

Sd/- Registrar(Judicial)