OP(C) NO. 2485 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
OP(C) NO. 2485 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 237/2019 OF PRINCIPAL SUB
COURT,IRINJALAKUDA
PETITIONER/S:
KARTHIAYANI
AGED 72 YEARS
W/O. KIDANGATH UNNI,
MALA P.O., KURUVILASSERY VILLAGE,
CHALAKUDY TALUK,
THRISSUR, PIN - 680732
BY ADVS.
K.J.MANU RAJ
RAVI KRISHNAN
K.VINAYA
RESPONDENT/S:
1 SANTHA,
AGED 63 YEARS
W/O. AVINIPPILLI SANKARANARAYANAN, AALA VILLAGE
DESOM, KOTHAPARAMBU P.O. KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680668
2 SUDHA
AGED 38 YEARS
W/O. KANJIRTHINGAL DAVIS & D/O. 1ST RESPONDENT ,
RESIDING WITH 1ST RESPONDENT , AALA VILLGE, DESOM,
KOTHAPARAMBU P.O., KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN - 680688
3 DAVID
AGED 35 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER ,
AVINIPPILLI , SANKARANARAYANAN, AALA VILLAGE DESOM,
KOTHAPARAMBU P.O. KODUNGALLUR TALUK, THRISSUR
OP(C) NO. 2485 OF 2022
2
DISTRICT, PIN - 680668
4 SANU
AGED 32 YEARS
D/O. 1ST RESPONDENT , RESIDING WITH 1ST
RESPONDENT , AALA VILLAGE, DESOM, KOTHAPARAMBU P
.O., KODUNGALLUT TALUK, THRISSUR DISTRICT, PIN -
680668
5 SEENA
AGED 38 YEARS
W/O. KOLLADYKKAL UNNIKRISHNAN, PAZHU VILLAGE, DESOM
AND POST, THRISSUR TALUK & D/O. 1ST RESPONDENT ,
KODUNGALLUR TALUK, AALA VILLAGE DESOM, KOTHAPARAMBU
P O. KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN -
680668
6 SINDHU
AGED 44 YEARS
W/O. KAIMAPARAMBIL SHIBU, POOPATHI POST & D/O. 1ST
RESPONDENT POYYA VILLAGE, POOPATHI DESOM,
KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680668
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2485 OF 2022
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JUDGMENT
The original petition is filed, to direct the Court of the Principal Subordinate Judge, Irinjalakuda to consider and dispose of O.S.No.237/2019 within a time frame.
2. Pursuant to the order dated 16.12.2022 passed by this Court, the learned Subordinate Judge, by communication dated 21.12.2022, has informed this Court that the above suit is filed for partition. The said suit is being jointly tried with O.S.No.47/2016. The plaintiff in O.S. No.47/2016 has filed an application to sue as an indigent person. The suit is posted for the report of the Tahsildar. The court below would make an endeavour to dispose of the suit within four months.
3. Heard; Sri.K.J.Manu Raj, the learned counsel appearing for the petitioner. Even though notice has been served on the respondents, there is no appearance for them.
In the light of the pleadings and materials on record OP(C) NO. 2485 OF 2022 4 and after perusing the communication of the learned Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Subordinate Judge, Irinjalakuda, to consider and dispose of O.S.Nos.237/2019 and 47/2016 in accordance with law, as expeditiously as possible, at any rate within a period of three months after the completion of pre-trial steps. The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rkc/12.01.23 OP(C) NO. 2485 OF 2022 5 APPENDIX OF OP(C) 2485/2022 PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE PLAINT IN O.S.NO. 1959 OF 2016 BEFORE MUNSIFF COURT KODUNGALLUR DATED NIL Exhibit P 2 A TRUE COPY OF THE AMENDED PLAINT IN O.S.
NO. 47 OF 2016 FILED BEFORE THE SUB COURT IRINJALAKUDA DATED 2.3.2016 Exhibit P 3 A TRUE COPY OF THE ORDER DATED
12..11..2019 IN TOP NO. 181 OF 2019 ON THE FILES OF DISTRICT COURT THRISSUR