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Fr.Jolly Joseph vs Bishop Selvister

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

The reliefs sought for in this original petition are as follows: i) To call for records in O.S.127/2012 on the file of the learned Munsiff Court, Adoor, peruse the same and pass appropriate orders in the subject matter of TPOP regarding O.S.127/2012.
ii) To quash all the proceedings of the learned Munsiff after obtaining extension of three more months to dispose the suit by the letter of learned Munsiff dated 08-04-2014 till the Final judgment of the suit.
2. The petitioner has instituted a suit before the Munsiff Court, Adoor as O.S.No.127/2012. On several occasions, the petitioner approached this Court under one pretext or another. He had also approached the District Court on several occasions. On one of the occasions, the District Court had observed that the conduct of the petitioner was such that he will not permit the suit be disposed of on merits. He keeps on filing of Interlocutory Applications and the learned Munsiff is unable to proceed with the O.P.(C) No.2918/2014 2 suit.
3. Whatever that be, finally the petitioner came up before this Court and this Court directed to dispose of the suit within a period of three months. Learned Munsiff finding it not possible to dispose of the suit within the stipulated time, sought for extension of time which was granted.
4. The petitioner now says that the lower court has dismissed all his Interlocutory Applications and he does not expect justice from the court below. He also complained of the non disposal of the suit and he seeks transfer of the suit.
5. The observation made by the District Court which has been referred to earlier seems to be correct. Interlocutory Applications after Interlocutory Applications are being simply filed without any proper reason and totally unconnected with the reliefs sought for in the suit. This Court had directed the Munsiff Court, Adoor to dispose of the suit within a period of three months. The learned Munsiff finding it not possible to dispose of the suit within the said time, sought for extension of time which was granted.
O.P.(C) No.2918/2014 3 If the petitioner has any grievance with regard to the disposal of the suit, the remedy available to him is to move that court which passed an order for expeditious disposal of the suit. It will not be proper for this Court to transfer the O.S under such circumstance.
This petition is without merits and it is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Fr.Jolly Joseph vs Bishop Selvister

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • P Bhavadasan
Advocates
  • Fr Jolly Joseph