Xavier v. Sajitha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 OP(C).No. 1115 of 2014 (O) -------------------------------------- CMA 3/2014 OF PRINCIPAL SUB COURT, IRINJALAKUDA, DATED 11-04-2014 IA.NO.1463/2013 IN OS.1274/2013 OF MUNSIFF COURT, KODUNGALLUR, DATED 20/1/2014 ------------------------ PETITIONER(S):

---------------------- XAVIER, AGED 65 YEARS, S/O.KALIANKARA KURIAPPAN, PINDANI, PUTHENCHIRA THEKKUMMURI P.O.-680682, THRISSUR DISTRICT.

BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S):

------------------------- SAJITHA, AGED 40 YEARS, W/O.PULIYATH KALARIKKAL ASOKAN, PINDANI, PUTHENCHIRA THEKKUMMURI P.O.-680682 THRISSUR DISTRICT.

BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI SMT.J.KASTHURI THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

OP(C).No. 1115 of 2014 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE IA 1463/2013 IN OS 1274/2013 IN THE COURT BELOW.

EXHIBIT P2 : TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN THE COURT BELOW.

EXHIBIT P3 : TRUE COPY OF THE ORDER DT.20-1-2014 ON IA 1463/2013 IN OS 1274/2013.

EXHIBIT P4 : TRUE COPY OF THE MEMORANDUM OF APPEAL DT.28-1-2014 IN CMA 3/2014 IN THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, IRINJALAKUDA.

EXHIBIT P5 : TRUE COPY OF THE IA 1129/2014 DT.28-1-2014 IN CMA 3/2014 IN THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, IRINJALAKUDA. EXHIBIT P6 : TRUE COPY OF THE JUDGMENT DT.11-4-2014 IN CMA 3/2014 IN THE COURT OF THE PRINCIPAL SUBORDINATE JUDGE, IRINJALAKUDA. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1115 of 2014 ````````````````````````````````````````````````````````````` Dated this the 21st day of July, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard the learned counsel for the petitioner and learned counsel for the respondent.

2.

The learned counsel for the petitioner has pointed out that the petitioner has serious heart burn in the matter on account of the decision rendered by the appellate court in the CMA. According to the learned counsel for the petitioner, the appellate court has not applied its mind properly on the issues involved in the matter and has passed Ext.P6 judgment.

3.

On a hearing on merits of the matter on the judgment passed by the appellate court, ultimately, even if this O.P(C) is allowed, the matter will again have to go to the appellate court, which will result in further delay in the disposal of the matter. Considering the peculiar facts and

OPC.1115/2014 : 2 :

circumstances of the case, this Court is of the view that by maintaining the present arrangement, the trial court can be directed to expedite the disposal of the suit, quite untrammeled by any of the observations made by the appellate court in the impugned judgment.

In the result, this O.P.(Civil) is disposed of by directing the court below to dispose of the suit, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment, quite untrammeled by any of the observations made by the appellate court in Ext.P6. Till then, the parties shall maintain status quo.

Sd/- (B.KEMAL PASHA, JUDGE) aks/21/07 // True Copy // PA to Judge