V.K. Sasi vs Kunjamma
2021 Latest Caselaw 15961 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                         OP(C) NO. 1112 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 76/2013 OF PRINCIPAL MUNSIFF COURT ,
                            KOCHI, ERNAKULAM
PETITIONER/S:

             V.K. SASI
             AGED 62 YEARS
             S/O.KANNAN, VIPPITHARA HOUSE, PUTHUVYPE P.O., ERNAKULAM -
             682 508.

             BY ADVS.
             P.V.ANOOP
             PHIJO PRADEESH PHILIP
             K.V.SREERAJ



RESPONDENT/S:

     1       KUNJAMMA
             AGED 74 YEARS
             W/O.SUBRAMANIAN, CHARAKKAT HOUSE, PUTHUVYPU VILLAGE,
             KOCHI TALUK - 682 508.

     2       SULOCHANA
             AGED 64 YEARS
             D/O.KANNAN AND W/O.GANGADHARAN, KOCHIYAMPARAMB HOUSE,
             KAITHARAM, KOTTUVALLY VILLAGE, ERNAKULAM - 683 519.

     3       VILASINI
             AGED 62 YEARS
             D/O.KANNA, KOCHUTHARA HOUSE, VALLARPADAM, ERNAKULAM - 682
             504.

     4       INDIRA DEVI K.C.
             AGED 65 YEARS
             W/O.LATE KUMARAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
             KOCHI TALUK - 682 508.

     5       MINIMOL
 OP(C) NO. 1112 OF 2021
                                2

           AGED 44 YEARS
           D/O.LATE KUMARN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
           KOCHI TALUK - 682 508.

     6     MANOJKUMAR
           AGED 43 YEARS
           S/O.LATE KUMARAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
           KOCHI TALUK - 682 508.

     7     MEENAMOL
           AGED 40 YEARS
           D/O.LATE KUMARAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
           KOCHI TALUK - 682 508.

     8     SAROJINI V.KUNJUMON
           AGED 55 YEARS
           W/O.LATE KUNJUMON, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
           KOCHI TALUK - 682 508.

     9     KEDAR V.KUNJUMON
           AGED 14 YEARS
           S/O.LATE KUNJUMON, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE,
           KOCHI TALUK - 682 508. REPRESENTED BY MOTHER SAROJINI
           V.KUNJUMON.

    10     SHOBHA
           AGED 56 YEARS
           W/O.KUNJAPPAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE, KOCHI
           TALUK - 682 508.

    11     SRUTHY
           AGED 32 YEARS
           D/O.KUNJAPPAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE, KOCHI
           TALUK - 682 508.

    12     SOORYA
           AGED 30 YEARS
           D/O.KUNJAPPAN, VIPPITHARA HOUSE, PUTHUVYPE VILLAGE, KOCHI
           TALUK - 682 508.

    13     NATESAN
 OP(C) NO. 1112 OF 2021
                                3

           AGED 68 YEARS
           S/O.KUNJAN, AMMANGATTUKARA, PUTHUVYPE VILLAGE, KOCHI
           TALUK - 682 508.

    14     CHANDRAMATHI
           AGED 66 YEARS
           W/O.SULTHAN MMANGATTUTHAR, THANIPPADATH, NORTH PARAVUR,
           ERNAKULAM - 683 513.

    15     GOPI
           AGED 64 YEARS
           S/O.SULTHAN AMMANGATTUKARA, PUTHUVYPE VILLAGE, KOCHI
           TALUK - 682 508.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1112 OF 2021
                                           4



                                      JUDGMENT

Dated this the 2nd day of August, 2021 The petitioner, who is the 1st defendant in OS No.76 of 2013

pending on the files of the Munsiff Court Kochi, seeks expeditious

disposal of the suit. In the report called for by this Court, the learned

Munsiff has stated that applications for setting aside the Commission

Report, impleadment of the legal representatives of the deceased 1 st

Plaintiff, setting aside abatement and for permitting the 12 th additional

plaintiff to act as next friend of the additional 15 th plaintiff are pending. It

is informed that the next date of posting is 5.08.2021 and that five

months time is required for disposing the suit.

2.Notice to the respondents have been served on their counsel in

the lower court.

In the light of the report, the learned Munsiff is directed to take

earnest efforts for disposing OS No. 76 of 2013 within six months of

receipt of a copy of this judgment.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1112 OF 2021

APPENDIX OF OP(C) 1112/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.76 OF 2013 ON THE FILE OF MUNSIFF COURT, KOCHI.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER DATED 22/05/2013.

Exhibit P3 TRUE COPY OF THE COMMISSION REPORT DATED 28/02/2018 IN OS 76/2013.

Exhibit P4 TRUE COPY OF THE JUDGMENT AND DECREE IN OS NO.76/2013 DATED 27/10/2018 PASSED BY THE MUNSIFF COURT, KOCHI.

Exhibit P5 TRUE COPY OF THE PETITION DATED 25/03/2019 FILED BY THE PETITIONER TO SET ASIDE THE EX PARTE ORDER.

Exhibit P6 TRUE COPY OF THE ORDER DATED 20/09/2019 IN IA NOS. 966/2019 AND 967/2019 IN O.S.NO.76/2013 PASSED BY THE MUNSIFF COURT, KOCHI.

Exhibit P7 TRUE COPY OF IA 01/2020 IN O.S.76/2013 DATED 20/01/2020 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOCHI.