Prameela Biju vs Janaki(Died)

Kerala High Court

Prameela Biju vs Janaki(Died) on 22 May, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                       &
                      THE HONOURABLE MR. JUSTICE G.GIRISH
            Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946

                               FAO NO. 35 OF 2018


         IA NO.126/13 AND 127/13 IN OS 247/2003 OF PRINCIPAL SUB COURT,
                                    PALAKKAD
                                      ---

APPELLANT/PETITIONER/6TH DEFENDANT:


PRAMEELA BIJU, W/O. BIJU, AGED 36 YEARS, KUNNAMKAD, KOTTEKKAD,


MALMPUZHA I VILLAGE,PALAKKAD TALUK, PALAKKAD DISTRICT.


BY ADVS.M/S.BINOY VASUDEVAN & R.MANIKANTAN


RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 TO 5:


*1.JANAKI (DIED) , W/O.SWAMINATHAN,PANMAKUNNIL VEEDU, MASILAMPULLI,


NAMBUTHIPURA AMSOM DESOM,PALAKKAD TALUK. 678 105.


2.JAYALAKSHMI, D/O.LATE KUNJAN,THONIPADAM VEEDU, VELIKKAD EZHAKKAD AMSOM,


PALAKKAD TALUK, PALAKKAD DISTRICT.678 105.


3.THANKAMANI, W/O. BALAN, 1/330,CHETTIYAR STREET, NEELAMBUR,


COIMBATORE DISTRICT, TAMILNADU, 641 014.


4.PREMA, W/O. NARAYANAN, 1/330, CHETTIYAR STREET,NEELAMBUR,


COIMBATORE DISTRICT, TAMILNADU, 641 014.
 5.ARUMUGHAN ,S/O.KUNJAN,ERANJIPADAM VEEDU, VELIKKAD, EZHAKKAD AMSOM,


PALAKKAD TALUK, PALAKKAD DISTRICT. 678 105.

*ADDL.R6 TO R7 ARE IMPLEADED.

                        ADDITIONAL RESPONDENTS 6 TO 9:


   ADDL.R6:SUGATHA, W/O.MOHANAN,MELEPURAM,VISHNUMURAM,RAILWAY GATE
   ROAD,ATHANI,THRISSUR-680012.

   ADDL.R7:SANTHA, W/O.VASU,ACHANIYATH HOUSE,16TH
   MILE,MINANPADAM,PALAKKAD-678111.

   ADDL.R8:RAJI, W/O.PRAKASHAN,NEAR AYYAPPANKAVU,PIRAYIRI
   P.O.,PALAKKAD-678110.

   ADDL.R9:SUBHASH, S/O.SWAMINATHAN,NAMBULLIPURA HOUSE,MILAMPULLY,

   PALAKKAD-678112.

   *LEGAL REPRESENTATIVES OF DECEASED R1 ARE IMPLEADED AS ADDL.RESPONDENTS
   R6 TO R9 AS PER ORDER DATED 17/01/2024 IN IA 3/2019 IN FAO 35/2018.


   BY ADV.SRI.B.PREMNATH FOR R2 TO R4

   ADVS.M/S.ANU JACOB,SRI.JACOB SEBASTIAN & SRI.K.V.WINSTON FOR R5


       This First appeal from orders having come up for orders on
  22.05.2024, upon perusing the appeal memorandum and this court's judgment
  dated 19/01/2024 and letter dated 12/04/2024 from the Principal Sub Judge
  (in-charge), Palakkad, the court on the same day passed the following:
                 ANIL K. NARENDRAN & G. GIRISH, JJ.
                --------------------------------------------
                           F.A.O No.35 of 2018
                        ------------------------------
                 Dated this the 22nd day of May, 2024
                  -----------------------------------------

                                ORDER

G. Girish, J.

This F.A.O was disposed of by this Court on 19.01.2024 allowing the appeal subject to conditions which included deposit of costs, appearance of parties before the trial court on a specified date and time bound disposal of the suit.

2. Upon an application filed by the appellant, the aforesaid conditions relating to deposit of costs, appearance of parties before the trial court and time limit for the disposal of the suit were modified as per order dated 27.02.2024 in I.A.No.1 of 2024. As per the aforesaid order, the trial court was directed to dispose of the suit within a period of three months from the date of receipt of a copy of that order.

3. The learned Principal Sub Judge (in-charge), Palakkad, as per letter dated 12.04.2024, has sought extension of the time limit prescribed for the disposal of the suit, stating the reason that the pendency of an application filed by the 6th defendant (appellant herein) to transpose her as the plaintiff in the suit, and the steps to 2 F.A.O.No.35 of 2018 be taken for the impleadment of legal representatives of deceased 1st defendant, would cause further delay in the disposal of the suit. It is also pointed out by the said Presiding Officer that he is conducting sitting only on two days in a week in the Principal Sub Court, Palakkad since no regular Presiding Officer is appointed there.

4. Having regard to the reasons stated by the Principal Sub Judge (in-charge) for the extension of time for the disposal of the suit, we deem it appropriate to grant a further period of six months from 28.05.2024 for the compliance of the order for time bound disposal of the said suit.

In the result, the time limit prescribed for the disposal of O.S.No.247 of 2003 of the Principal Sub Court, Palakkad is extended for a further period of six months from 28.05.2024.

(sd/-) ANIL K. NARENDRAN, JUDGE (sd/-) G. GIRISH, JUDGE jsr/ 22-05-2024 /True Copy/ Assistant Registrar