Kerala High Court
K.X.Sebastian vs Rosina Saji on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 951 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.116 OF 2022 OF
MUNSIFF COURT, PEERUMEDU
PETITIONER/1ST DEFENDANT:
K.X.SEBASTIAN
AGED 62 YEARS, S/O.K.D.XAVIER,
KALARICKAL HOUSE, VANDIPERIYAR KARA,
PERIYAR VILLAGE, PEERMADE TALUK,
IDUKKI, PIN - 685533
BY ADVS.
ALEX.M.SCARIA
SARITHA THOMAS
SAHL ABDUL KADER
RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 7:
1 ROSINA SAJI
AGED 46 YEARS, W/O.SAJI VARKEY,
CHAVARANAL HOUSE, VALUMEDU KARA,
VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI, PIN - 685551
2 THRESSIAMMA TOMY
W/O.TOMY, AGED ABOUT 57 YEARS,
MUNJELLIL HOUSE, AMARAVATHY KARA,
KUMALY VILLAGE,
PEERMADE TALUK, IDUKKI, PIN - 685509
3 MARYKUTTY TOMY
W/O.TOMY, AGED ABOUT 53 YEARS,
PARAPPALIL HOUSE, ANAKKARA KARA,
ANAKKARA VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI, PIN - 685512
4 ANNAMMA
W/O.SONY, AGED ABOUT 51 YEARS,
MUKKAM HOUSE, PUTTADY KARA,
VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI, PIN - 685551
O.P.(C) No. 951/2024
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5 CELINAMMA JOBY
W/O.JOBY, AGED ABOUT 49 YEARS,
KOCHILATHU HOUSE, PEERMADE KARA,
PEERMADE VILLAGE, PEERMADE TALUK,
IDUKKI, PIN - 685531
6 RANI ELIZABETH
W/O.SAIJU, AGED ABOUT 42 YEARS,
CHIRAKKAL HOUSE, KOOVAPPALLY KARA,
KOOVAPPALLY VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM, PIN - 686518
7 ANNU K.SEBASTIAN
D/O.K.X. SEBASTIAN, AGED ABOUT 26 YEARS,
KALARICKAL HOUSE, VANDIPERIYAR KARA,
PERIYAR VILLAGE, PEERMADE TALUK,
IDUKKI, PIN - 685533
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 951/2024
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JUDGMENT
This original petition has been filed for expeditious disposal of a suit of the year 2022. No direction can be given for early disposal of a suit of the year 2022. Hence, this original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA O.P.(C) No. 951/2024 ..4..
APPENDIX OF OP(C) 951/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO. 116/2022, DATED 06/04/2022, ON THE FILES OF THE MUNSIFF'S COURT, PEERMADE.
EXHIBIT P2 TRUE COPY OF THE WILL DATED 24/05/2017. EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 25/02/2021 IN RESPECT OF SRI. K.D. XAVIER. EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE DATED 11/03/2019 IN RESPECT OF SMT. ANNAMMA XAVIER. EXHIBIT P5 TRUE COPY OF THE O.S. 254/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, PEERMADE. EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT, DATED 03/01/2020 FILED BY THE PETITIONER AND FATHER OF THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 08/02/2022 IN EXHIBIT P-5 SUIT.
EXHIBIT P8 TRUE COPY OF THE LAND TAX RECEIPT DATED 11/05/2022 ISSUED BY THE VILLAGE OFFICE, PERIYAR.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 28/05/2020 ISSUED TO THE SON OF THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE WRITTEN STATEMENT, DATED 26/05/2023 IN EXHIBIT P1 SUIT FILED BY THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 16/05/2022 BEFORE THE 1ST RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE RTI APPLICATION FILED BY THE SON OF THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE REPLY, DATED 14/12/2022, ISSUED AS PER EXHIBIT P12 APPLICATION. EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 30/11/2023 FILED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P15 TRUE COPY OF THE RECEIPT DATED 01/12/2023 ISSUED BY THE 1ST RESPONDENT.