Raji.C.V vs Shyju.N.R
2021 Latest Caselaw 17562 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. 1153 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 414/2017 OF MUNSIFF COURT, MAVELIKKARA,
                                ALAPPUZHA
PETITIONER/PETITIONER/CLAIM PETITIONER:

            RAJI.C.V
            AGED 53 YEARS
            W/O. RADHAKRISHNA KURUP, PLAKKATTU THEKKETHIL HOUSE,
            PENNUKKARA P.O., PENNUKKARA MURI, ALA VILLAGE, CHENGANNUR
            TALUK, ALAPPUZHA DISTRICT
            BY ADVS.
            S.SHANAVAS KHAN
            S.INDU


RESPONDENTS/RESPONDENTS/PLAINTIFF/DEFENDANT:

     1      SHYJU.N.R, AGED 35 YEARS
            S/O. RAJU GEORGE, NANNATTUVADAKKETHIL, IRANIKKUDI P.O.,
            PATTOOR, NOORANAD, MAVELIKKARA, ALAPPUZHA DISTRICT-690 529

     2      AJITHKUMAR
            AGED 58 YEARS
            S/O. KRISHNA PILLAI, NIRMMALYAM FROM THULASI SADANAM,
            CHERUMUKHA, IRANIKKUDI P.O., NOORANAD VILLAGE, MAVELIKKARA
            TALUK, ALAPPUZHA DISTRICT-690 529

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1153 OF 2021
                                     2




                             JUDGMENT

Dated this the 26th day of August 2021

This Original Petition is filed by the claim

petitioner in O.S.No.414/2017 on the files of Munsiff

Court, Mavelikkara. The suit is filed by the first

respondent seeking recovery of money from the

second respondent. At the instance of the plaintiff

the court has attached the plaint scheduled property.

The petitioner claims to be the bona fide purchaser of

the plaint scheduled property and is aggrieved by the

delay in disposing her claim petition.

2. In the report called for by this Court, the

learned Munsiff has stated that I.A.No.2468/2019 is

posted on 03.08.2021 and that the interlocutory

application can be disposed in two months' time.

In the light of the report, the Original Petition is

disposed of directing the Munsiff, Mavelikkara to take

up I.A.No.2468/2019 for consideration and to pass OP(C) NO. 1153 OF 2021

orders thereon, within an outer limit of six weeks

from the date of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE NB/26-8 OP(C) NO. 1153 OF 2021

APPENDIX OF OP(C) 1153/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 414/2017 ON THE FILE OF HON'BLE MUNSIFF COURT, MAVELIKARA EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1567/2017 DATED 05.10.2017 OF NOORANAD SUB REGISTRY OFFICE EXHIBIT P3 TRUE COPY OF THE IA NO.2468 OF 2019 IN OS NO.

414 OF 2017 DATED 11.12.2019 FILED BY THE PETITIONER BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN OS NO.414/207 ON THE FILE OF HON'BLE MUNSIFF COURT, HARIPAD EXHIBIT P5 TRUE COPY PRESCRIPTION DATED 10.12.2020 ISSUED BY DR.ABRAHAM KOSHY, LAKE SHORE HOSPITAL ,KOCHI

RESPONDENT'S EXHIBITS: NIL

True Copy P.A to Judge