Kerala High Court
George Varghese vs Rukkiya Beevi on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
OP(C).No.794 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 85/1971 OF I ADDITIONAL DISTRICT
COURT, TRIVANDRUM
PETITIONER:
GEORGE VARGHESE
AGED 53 YEARS
S/O. LATE THANKACHAN VARGHESE, PLOT NO.60, T. C.
14/788(13), VALLEY VIEW GARDENS, POTHUJANAM LANE,
KUMARAPURAM, MEDICAL COLLEGE P. O.,
THIRUVANANTHAPURAM, PIN - 695 011.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SRI.MANU VYASAN PETER
SMT.MEERA.P
RESPONDENTS:
1 RUKKIYA BEEVI
AGED 70 YEARS
D/O. ABDUL REHMAN KUNJU, THEKKEVILA VEEDU,
EDAVA P. O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 311.
2 MUHAMMED ABDUL KHADER
AGED 82 YEARS
S/O. ABDUL REHMAN KUNJU,
KIZHAKKEVILA VEEDU, PRESS JUNCTION,
EDAVA VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.794 OF 2021
2
JUDGMENT
The original petition is filed for issue of direction to
the court below to dispose of Ext.P4 I.A. No.2/2021
by taking up I.A.No.815/2019 and I.A.No.4645/2014
in O.S.No.85/1971 jointly within a time frame to be
fixed by this Court.
2. In the report dated 05.04.2021 called for from the
court below, it is indicated by the learned
Additional District Court-IV that I.A.No.2/2021 was
not yet filed. On a telephonic information obtained
from the court below, it was further revealed that
the application was originally defective but it was
later cured.
3. The request that is made in I.A.No.2/2021 is to the
effect that the court below may take up
I.A.Nos.4645/2014 and 815/2019 simultaneously and
dispose them together.
4. The learned counsel for the petitioner brought to my
notice that there was already a direction issued by
OP(C).No.794 OF 2021
this Court as per the judgment dated 13.11.2020 in
O.P.(C) No.1462/2020 calling upon the court below
to dispose of I.A.No.815/2019 on or before
20.04.2021.
5. After hearing the submission made on behalf of the
petitioner, I am of the opinion that the court below
may take up I.A.Nos.4645/2014 and 815/2019
simultaneously and dispose it of jointly in
accordance with law.
6. In the result, the original petition is allowed
directing the court below to consider the request
made in I.A.No.2/2021 and dispose of the IAs in
accordance with law, after hearing the parties,
within a period of two months from the date of
receipt of a certified copy of this judgment.
Sd/-
T.V.ANILKUMAR, JUDGE
AMV/08/04/2021
OP(C).No.794 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE I.A.NO.4645 OF 2019
DATED 16.12.2014 IN O.S.NO.85 OF 1971
ON THE FILE OF THE ADDITIONAL
SUBORDINATE JUDGE'S COURT -I,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE I.A.NO.815 OF 2019
DATED 14.03.2019 IN I.A.NO.4645 OF
2019 IN O.S.NO.85 OF 1971 ON THE FILE
OF THE ADDITIONAL DISTRICT JUDGE'S
COURT -IV, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
13.11.2020 IN O.P.(C) NO.1462 OF 2020.
EXHIBIT P4 TRUE COPY OF THE I.A.NO.2 OF 2021 IN
I.A.NO.815 OF 2019 IN I.A.NO.4645 OF
2014 IN O.S.NO.85 OF 1971 ON THE FILE
OF THE ADDITIONAL DISTRICT JUDGE'S
COURT -IV, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
