Indira Devi vs Dr.Biju Ramesh
2021 Latest Caselaw 11729 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       OP(C).No.744 OF 2021

  IN THE MATTER OF OS 1243/2019 OF ADDITIONAL MUNSIFF COURT-IV,
                       THIRUVANANTHAPURAM



PETITIONER/DEFENDANTS 1 TO 4:

      1      INDIRA DEVI
             AGED 80 YEARS
             W/O RAMESHAN,
             RESIDING AT T.C. 37/852,
             PRESENTLY T.C.80/971,
             SUMTHRIPTHI,
             RAJADHANI BUILDINGS,
             EAST FORT,
             THIRUVANANTHAPRUAM-695 023.

      2      SMT. CHITRA RAMESH
             AGED 60 YEARS
             D/O LATE G.RAMESAN,
             EAST FORT,
             THIRUVANANTHAPRUAM-695 023.

      3      C.P. ABHILASH,
             AGED 40 YEARS
             S/O K.G. PREMSHANKER,
             RESIDING AT SAMTHRIPTHY,
             EAST FORT,
             THIRUVANANTHAPURAM-695 023.


      4      SREEDATH,
             AGED 37 YEARS
             S/O K.G. PREMSHANKER,
             RESIDING AT SAMTHRIPTHY,
             EAST FORT,
             THIRUVANANTHAPURAM-695 023.


             BY ADVS.
             SRI.K.C.ELDHO
             SRI.MALLENATHAN.M.
 OP(C).No.744 OF 2021

                                2




RESPONDENTS/PLAINTIFF & 5TH DEFENDANT:

       1      DR.BIJU RAMESH
              AGED 55 YEARS
              S/O RAMESAN CONTRACTOR,
              SAMTHRIPTHI,
              RAJADHANI BUILDINGS,
              EAST FORT,
              THIRUVANANTHAPURAM-695 023.

       2      PREMSANKER,
              AGED 68 YEARS
              PERMANENTLY RESIDING AT SUSHEELA GOVINDA SMIRITI,
              JAWAHAR ROAD,
              THRISSUR-680 306.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C).No.744 OF 2021

                                  3




                            JUDGMENT

Dated this the 9th day of April 2021

The defendants 1 to 4 in O.S.1243/2019 on the files

of the Munsiff's Court, Thiruvananthapuram, has filed this O.P.

for issue of a direction to the court below to expeditiously

dispose of the suit within a time frame to be fixed by this Court.

2. A report was called for from the court below in this

respect. It is submitted that the service on the defendants is

yet to be completed and further it is a heavy court also.

3. The learned counsel for the petitioners submits that

the 5th defendant in the suit sails with the co-defendants and he

proposes to appear before the court below at the next posting

date. It is further submitted that the 5 th defendant in the suit

will file a written statement in the court below as immediately

as possible. One of the defendants is a senior citizen.

4. Considering the submissions made by the counsel, it

is only fair enough to direct the court below to dispose of the

suit within a period of four months from the date of production OP(C).No.744 OF 2021

of certified copy of this judgment.

In the result, this OP is allowed calling upon the

court below to finally dispose of the suit within a period of four

months from the date of production of certified copy of this

judgment.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.744 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.

1243/2019 OF MUNSIFF'S COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF POLICE PROTECTION GRANTED IN FAVOUR OF PETITIONER 1 TO 3 IN WPC NO.15776/2019.

EXHIBIT P3 A TRUE COPY OF THE WRITTEN STATEMENT DATED 27/3/2020N SUBMITTED BY THE PETITIONER IN EXHIBIT P1 SUIT.

//TRUE COPY// PA TO JUDGE