Kerala High Court
V.R.Madhusoodhanan Nair vs Preetha Kumari on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
OP(C) NO. 242 OF 2021
PETITIONER/PETITIONER/PLAINTIFF:
V.R.MADHUSOODHANAN NAIR
AGED 61 YEARS
S/O.VELAYUDHAN NAIR,SAPHALYA,NEDIYAMKODE,
PARASUVAIKKAL DESOM,PARASUVAIKKAL VILLAGE,
NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT-695 121.
BY ADV S.SUJIN
RESPONDENTS/RESPONDENTS/DEFENDNTS:
1 PREETHA KUMARI, AGED 42 YEARS,
D/O.INDIRA DEVI,M.J.NIVAS,PALLICHAL DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT,PIN-695121.
2 ADHITHYA, AGED 18 YEARS
D/O.PREETHA KUMARI,M.J.NIVAS,
PALLICHAL DESOM,PALLICHAL VILLAGE,
NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT,
PIN-695121.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH
OP(C).1064/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 242 & 1064 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
OP(C) NO. 1064 OF 2021
AGAINST THE ORDER/JUDGMENT IN AS 12/2019 OF SUB COURT,NEYYATTINKARA,
THIRUVANANTHAPURAM
PETITIONER/1ST APPELLANT/1ST DEFENDANT :
PREETHAKUMARI, AGED 45 YEARS
D/O. INDIRADEVI, M.J NIVAS, PALLICHAL DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA TALUK
BY ADV BIJU .C. ABRAHAM
RESPONDENTS/RESPONDENTS/PLAINTIFF & 2ND DEFENDANT :
1 V.R.MADHUSOODANAN NAIR
AGED 61 YEARS
S/O. VELAYUDHAN NAIR, SAPHALYA , NEDIYAMKODE,
PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE, NEYYATTINKARA
TALUK 695 121
2 ADITHYA, AGED 18 YEARS
D/O. PREETHAKUMARI , M.J NIVAS, PALLICHAL DESOM, PALLICHAL
VILLAGE, NEYYATTINKARA TALUK 695 020
BY ADVS. N.N.SUGUNAPALAN (SR.)
S.SUJIN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH
OP(C).242/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 242 & 1064 OF 2021
COMMON JUDGMENT
These original petitions are between the same
parties and in respect of the same subject matter,
and are hence being disposed of by this common
judgment. The parties are, for the sake of
convenience, referred to as per their status in the
suit.
2. O.P.(C) No.242/2021 was filed by the plaintiff
seeking a direction to the Court of the Additional
Munsiff-III, Neyyattinkara, to consider and
dispose of E.P.No.375/2020 in O.S.No.853/2011
within a time frame.
3. This Court by judgment dated 16.03.2021 allowed
the original petition directing the learned Munsiff
to dispose of E.P.No.375/2020 within one month
from the date of receipt of the certified copy of
the judgment. Subsequent to the above
judgment, the first defendant filed
R.P.No.410/2021, to review the judgment in O.P.
OP(C) NO. 242 & 1064 OF 2021
(C) No.242/2021. This Court, by its order dated
13.07.2021, allowed the review petition and re-
called the judgment in O.P.(C) No.242/2021.
4. In the meantime, the first defendant filed O.P.(C)
No.1064/2021, seeking a direction to the learned
Munsiff, not to dispose of E.P.No.375/2020 until
the court of the Subordinate Judge considers and
dispose of A.S.No.12/2019.
5. This court by order dated 29.07.2021; called for a
report from the learned Subordinate Judge
regarding the status as well as the time required
to consider and dispose of A.S.No.12/2019.
6. Pursuant to the order of this Court, the learned
Subordinate Judge by communication dated
03.08.2021 has informed this Court that the
above appeal as well as the stay petition
(I.A.No.1/2021) can be considered and disposed of
on or before 31.10.2021.
7. Heard Sri.Biju C.Abraham, the learned counsel for
the petitioner in O.P.(C) No.1064/2021 and
OP(C) NO. 242 & 1064 OF 2021
Sri.N.N.Sugunapalan, the learned Senior counsel
for the respondents in O.P.(C) No.1064/2021.
8. After considering the pleadings and the materials
on record in O.P.(C) No.1064/2021 and O.P.(C)
No.242/2021, and the communication of the
learned Subordinate Judge, in exercise of the
powers of this Court under Article 227 of the
Constitution of India, I direct the learned
Subordinate Judge, Neyyattinkara to consider and
dispose of A.S.No.12/2019 and I.A.No.1/2021, in
accordance with law, as expeditiously as possible
and at any rate, on or before 31.10.2021.
9. It is made clear that, all further proceedings in
E.P.No.375/2020 of the Court of the Additional
Munsiff-III, Neyyattinkara, shall be kept in
abeyance till 31.10.2021.
sd/-
C.S.DIAS, JUDGE
AMV/13/08/2021
OP(C) NO. 242 & 1064 OF 2021
APPENDIX OF OP(C) 1064/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 20-08-2013 IN
O.S NO. 853/2011 ON THE FILES OF THE ADDITIONAL
MUNSIFF II, NEYYATTINKARA.
Exhibit P2 TRUE COPY OF THE ORDER DATED 30-06-2018 IN I.A
NO. 842/2014 IN O.S NO. 853/2011
Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S NO.
12/2019 DATED 31-1-2019 FILED BY THE PETITIONER
BEFORE THE SUBORDINATE JUDGE, NEYYATTINKARA
Exhibit P4 TRUE COPY OF I.A NO 1/2021 IN A.S NO. 12/2019
FILED BY THE PETITIONER ON THE FILES OF THE SUB
JUDGE, NEYYATTINKARA
Exhibit P5 TRUE COPY OF E,P NO. 375/2020 IN O.S NO.
853/2011
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 16-3-2021 IN
OP(C) NO. 242/2021 PASSED BY THIS HON'BLE
COURT.
RESPONDENTS EXHIBITS NIL
TRUE COPY P.A.TO JUDGE
OP(C) NO. 242 & 1064 OF 2021
PPENDIX OF OP(C) 242/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 20.8.2013 IN
O.S.NO.853/2011 ON THE FILES OF THE COURT OF
THE ADDITIONAL MUNSIFF-II,NEYYATTINAKARA.
EXHIBIT P2 TRUE COPY OF E.P. NO.375/2020 IN
O.S.NO.853/2011 ON THE FILES OF THE COURT OF
THE ADDITIONAL MUNSIFF-II,NEYYATTINKARA.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
