Unni vs Kunjappan
2021 Latest Caselaw 17507 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                          OP(C) NO. 294 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 14/2019 OF MUNSIFF MAGISTRATE COURT,
                        KOTHAMANGALAM, ERNAKULAM
PETITIONER/S/PLAINTIFF:

             UNNI
             AGED 76 YEARS
             S/O.LATE APPUTTY, RESIDING AT MULLAKAPARAMBIL HOUSE,
             PERUMPADANNA, N.PARAVUR VILLAGE, ERNAKULAM DISTRICT-
             680561.

             BY ADVS.
             N.D.ARUN DAS
             SMT.M.C.CHITHRAKALA



RESPONDENT/S/DEFENDENT:

     1       KUNJAPPAN
             AGED 73 YEARS, S/O.ACHUTHAN, RESIDING AT PUTHAN PURAYIL
             HOUSE, VADATTUPARA KARA, KUTTAMPUZHA VILLAGE,
             KOTHAMANGALAM TALUK, VADATTUPARA P.O.-686681.

     2       PRABHAKARAN,
             AGED 71 YEARS, S/O.ACHUTHAN, PUTHAN PURAYIL HOUSE,
             ELAMBRAM, VADATTUPARAKARA, KUTTAMPUZHA VILLAGE,
             NELLIKUZHI P.O., KOTHAMANGALAM, PIN-686691.

     3       SILVI JOHNY,
             AGED 42 YEARS, W/O.JOHNY, PARAKKADAN VEEDU, OKKAL KARA,
             CHELAMATTOM VILLAGE, OKKAL P.O., PERUMBAVOOR, PIN-683550.

     4       RAKHI,
             AGED 37 YEARS, W/O.SHAJI THOMAS, KANDATHIL VEETIL,
             VADATTUPARA KARA, KUTTAMPUZHA VILLAGE, VADATTUPARA P.O.,
             KUTTAMPUZHA, PIN-686681.

     5       SAJI THOMAS,
             S/O.THOMAS, KANDATHIL HOUSE, VADATTUPARA KARA,
 OP(C) NO. 294 OF 2021
                                    2

            KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,
            VADATTUPARA P.O., KUTTAMPUZHA, PIN-686681.

    6       JOHN,
            AGED 15 YEARS, S/O.SAJ THOMAS, REPRESENTED BY SAJ
            THOMAS, KANDATHIL HOUSE, VADATTUPARA KARA,
            KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,
            VADATTUPARA P.O., KUTTAMPUZHA.

    7       JESIN,
            AGED 13 YEARS, S/O.SAJ THOMAS, REPRESENTED BY SAJ
            THOMAS, KANDATHIL HOUSE, VADATTUPARA KARA,
            KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,
            VADATTUPARA P.O., KUTTAMPUZHA, PIN-686681.

    8       JASNA,
            AGED 11 YEARS, D/O.SAJ THOMAS, REPRESENTED BY SAJ
            THOMAS, KANDATHIL HOUSE, VADATTUPARA KARA,
            KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,
            VADATTUPARA P.O., KUTTAMPUZHA, PIN-686681.


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
26.08.2021,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 294 OF 2021
                               3

                            JUDGMENT

The petitioner is the plaintiff in O.S.No.345 of 2010

pending on the files of the Munsiff Court, Muvattupuzha.

The original petition is filed aggrieved by the delay in

disposing the suit. It is submitted that the petitioner is aged

76 years and is ailing and hence expeditious disposal of the

suit is highly essential.

In the report called for by this Court, the learned

Munsiff has stated that the suit can be disposed in six

months time. The learned Counsel for the petitioner submits

that the suit is listed for trial and evidence has commenced.

Being so, the original petition is disposed of directing the

Munsiff Court, Kothamangalam to dispose O.S.No.14 of 2019

within an outer limit of 2 months from the date of receipt of a

copy of this judgment.

Sd/-

V.G.ARUN JUDGE RK OP(C) NO. 294 OF 2021

APPENDIX OF OP(C) 294/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL SUIT IN O.S.NO.14/2019 ON THE FILE OF THE HON'BLE MUNSIFF COURT, KOTHAMANGALAM.

RESPONDENT'S EXHIBITS: NIL