SOBHANA Vs. RAJANI APARTMENT RESIDENTS WELFARE ASSOCIATION

JUDGEMENT

(1.) This is an Original Petition filed under Article 227of the Constitution of India, challenging order dtd. 23/12/2021 in I.A.No.1/2021 in I.A.No.1782/2021 in O.S.No.283/2018 by the plaintiff in the above Suit arraying defendants as the respondents herein. In this case, though notice served to the other side, nobody appeared.

(2.) An interesting, rather important question arises in this petition is, whether the general supervisory power available to the District Judge under Sec. 17 of the Kerala Civil Courts Act, will be available to the District Judge to pass judicial orders inclusive of one directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time bound manner?

(3.) It is submitted by the learned counsel for the petitioner that as per the common order passed by the learned District Judge, Palakkad (First Additional District Judge in charge) as per order dtd. 23/12/2021 in I.A.No.1/2021 in I.A.No.1782/2021 filed by the plaintiff was allowed and thereby the learned District Judge directed the Munsiff Court to dispose of petitions pending before the trial court. According to the learned counsel for the petitioner, the said power is not available to the District Judge, dehors the provisions of the procedural law, Code of Civil Procedure as well as the Civil Rules of Practice. Going by the impugned order, it appears that the said order was passed, after giving emphasis to Sec. 17 of the Kerala Civil Courts Act. For clarity, Sec. 17 of the Kerala Civil Courts Act, 1957 is extracted hereunder: