P A Jose vs Valsa George

Citation : 2022 Latest Caselaw 7057 Ker
Judgement Date : 17 June, 2022

Kerala High Court
P A Jose vs Valsa George on 17 June, 2022
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OP (C)No 595 of 2022


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                       OP(C) NO. 595 OF 2022
    OP 284/2021 OF THE ADDITIONAL DISTRICT COURT -III,THRISSUR
PETITIONER/S:

           P A JOSE,AGED 65 YEARS,THALORE VILLAGE AND DESOM
           THALORE P O THRISSUR DISTRICT, PIN - 680306
           BY ADVS.
           SAIJO HASSAN
           BENOJ C AUGUSTIN
           RAFEEK. V.K.
           U.M.HASSAN
           P.PARVATHY
           P.K.ANTONY
           AATHIRA SUNNY
           NAZRIN HALLAJ
           ABHIRAMI DINESH
           RENJINI M. RENJITH
           LAKSHMINARAYAN.R
           AKHILESH S.
           K.N.MUHAMMED THANVEER
           N.KRISHNA OZHAKKANAT


RESPONDENT/S:

     1     VALSA GEORGE,AGED 68 YEARS,ARRAKKAL HOUSE VICTORIA
           GARDEN MUNDUR P O THRISSUR, PIN - 680541
     2     FLORY JOSE,AGED 61 YEARS,DAUGHTER OF ANTHONY
           PALLIKUNNAN HOUSE KAARAMUKKU KANDASSANKADAVU THRISSUR
           DISTRICT, PIN - 680613
     3     SOPHY FRANCIS,AGED 57 YEARS
           DAUGHTER OF ANTHONY THARAKAN HOUSE TIRUR PO THRISSUR
           DISTRICT, PIN - 680581
     4     ROY,AGED 60 YEARS
           SON OF ATTUPURAM POULOSE EDAKKUNNI VILLAGEAND DESOM
           THRISSUR TALUK PO OLLUR, PIN - 680306

           BY SRI.ASWIN NANDA - R3

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (C)No 595 of 2022

                          C.S DIAS,J.
                      ---------------------------
                   OP (C)No 595 of 2022
                     -----------------------------
            Dated this the 17th day of June, 2022.

                         JUDGMENT

The original petition is filed to direct the Court of the IIIrd Additional District Judge, Thrissur, to consider and dispose of OP No.284/2021(Ext P1), within a time frame.

2. Pursuant to the order dated 23.3.2022, passed by this Court, the IVth Additional District Judge, Thrissur, by communication dated 25.3.2022 has informed this Court that she is holding the charge of the IIIrd Additional District Court. In OP 284/21, the third respondent has not appeared. On a consideration of all pending matters, OP 284/2021 can be disposed of within a period of three months after the third respondent before the Court below enters appearance. 3 OP (C)No 595 of 2022

3. Heard; Sri.Saijo Hassan, the learned counsel appearing for the petitioner and Sri.Aswin Nanda, the learned counsel appearing for the third respondent.

4. The learned counsel appearing for the third respondent submitted that the respondent has already entered appearance before the Court below. She would be filing her objection in the original petition.

In the light of the pleadings and materials on record, the communication of the learned District Judge and the submissions made across the bar, in exercise of the supervisory powers of this Court as enshrined under Article 227 of the Constitution of India, I direct the IIIrd Additional District Judge, Thrissur, to consider and dispose of OP No.284/2021, in accordance with law, as expeditiously as possible, at any rate on or before 23.12.2022.

The original petition is ordered accordingly.

SD/-

sks/17.06.2022                          C.S.DIAS, JUDGE
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OP (C)No 595 of 2022



                   APPENDIX OF OP(C) 595/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE ORIGINAL PETITION AS

O.P NO. 284 OF 2021 IN THE FILES OF THE DISTRICT COURT, THRISSUR Exhibit P2 TRUE COPY OF THE LAWYER NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 Exhibit P3 TRUE COPY OF THE REPLY NOTICE DATED 27.12.2021