IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(C) NO. 951 OF 2022
IN I.A.NO.1/2020 IN I.A.NO.2253/2015 IN E.P.NO.40/2015 IN OS
NO.182/2001 OF MUNSIFF COURT,ATTINGAL
PETITIONER/ RESPONDENT/ COUNTER PETITIONER/ DECREE HOLDER/
PLAINTIFF:
RENUKA,
AGED 50 YEARS,
DAUGHTER OF DEVAKI,
MELEVILA VEEDU, KODUMON, ATTINGAL DESOM,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT
FROM VATTAVILA VEEDU, PANAYARA DESOM,
CHEMMARUTHI VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695146
BY ADV M.DINESH
RESPONDENTS/ PETITIONERS 2 TO 4/ PETITIONERS 2 TO 4/
JUDGMENT DEBTORS 2 TO 4/ DEFENDANTS 2 TO 4:
1 RADHAMANI,
AGED 47 YEARS,
WIFE OF SHANMUKHAN AND DAUGHTER OF
LATE CHELLAMMA,
KODUMON MELEVILA VEETTIL,
ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
NOW RESIDING AT THEKKE KANJIRAMVILA VEEDU,
MUTTAPPALAM,
PERUMGUZHI DESOM,
AZHOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695305
2 RAGINI,
AGED 32 YEARS,
WIFE OF SATHYASEELAN AND DAUGHTER OF
LATE CHELLAMMA,
KODUMON MELEVILA VEETTIL,
O.P.(C)No.951/2022
-:2:-
ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
NOW RESIDING AT KOKKIVILA VEEDU,
NILACKAMUKKU,
KADAKKAVOOR DESOM,
KADAKKAVOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695309
3 RAJENDRAN ACHARI,
AGED 82 YEARS,
SON OF THANAVAN ACHARI,
KODUMON MELEVILA VEETTIL, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
NOW RESIDING AT P.K. BHAVAN,
KODUMON, ATTINGAL DESOM,
ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.951/2022
-:3:-
Dated this the 23rd day of June,2022
JUDGMENT
The original petition is filed, to direct the Court of the Munsiff, Attingal, to consider and dispose of I.A.No.1/2020 in I.A.No.2253/2015 in E.P.No.40/2015 in O.S.No.182/2001(Ext.P5) within a time frame.
2. Pursuant to the orders passed by this Court on 07.06.2022, the learned Munsiff, Attingal, has by communication dated 14.06.2022, informed this Court that the original defendant died. His legal representatives have been impleaded on record. They have sought time to file their objections to the above application. The case now stands posted for filing of their objections. The application can be disposed of within three months from the date of communication.
3. Heard; Sri. M. Dinesh, the learned counsel appearing for the petitioner. Even though notice was served on the learned counsel appearing for the O.P.(C)No.951/2022 -:4:- respondents before the court below, there is no appearance for them.
4. In the light of the pleadings and materials on record and the above-mentioned communication, in exercise of the supervisory jurisdiction of this Court as enshrined under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Attingal, to consider and dispose of the above-mentioned application, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/23.06.22 //True copy/
P.A.To Judge
O.P.(C)No.951/2022
-:5:-
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.
NO.356/2000 DATED 27.11.2004 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.S.
NO.182/2001 ON THE FILE OF THE MUNSIFF COURT DATED 17.5.2005 EXHIBIT P3 TRUE COPY OF THE E.P. NO.40/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 6.8.2015 EXHIBIT P4 TRUE COPY OF THE ORDER IN I.A.
NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 29.8.2017 EXHIBIT P5 TRUE COPY OF THE I.A. NO.1/2020 IN I.A.
NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 17.1.2020 EXHIBIT P6 TRUE COPY OF THE OBJECTION IN I.A.
NO.1/2020 IN I.A. NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 8.12.2021 EXHIBIT P7 TRUE COPY OF THE PLAINT IN O.S.
NO.54/2021 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 25.1.2021 EXHIBIT P8 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.54/2021 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL DATED 9.9.2021 RESPONDENTS' EXHIBITS: NIL