Grace Pentalia Joseph vs Nazar Ismail
2021 Latest Caselaw 4350 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
    FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
                          OP(C).No.239 OF 2021
              OS 517/2017 OF        MUNSIFF, ALAPPUZHA
                                 ---------
PETITIONERS/ADDITIONAL DEFENDANTS 2 AND 3:

      1      GRACE PENTALIA JOSEPH
             AGED 79 YEARS
             W/O. LATE DR. GEORGE KOSHY KUNNUMPURAM, RESIDING AT
             FLAT 6A, EXPRESS ESTATE APARTMENTS, NEAR A.J. HALL,
             KALOOR, KOCHI-682017.

      2      VEDA (MINOR)
             D/O. LATE GEORGE KOSHY KUNNUMPURAM, RESIDING AT
             FLAT 6A, EXPRESS ESTATE APARTMENTS, NEAR A.J. HALL,
             KALOOR, KOCHI-682017.

             REPRESENTED BY POWER OF ATTORNEY HOLDER SRI. KOSHY
             K. GEORGE, AGED 79 YEARS, JYOTHIS, CHERAVALLI,
             KAYAMKULAM P.O., ALAPPUZHADISTRICT-690502.

             BY ADV. SRI.ROY CHACKO

RESPONDENTS/PLAINTIFFS:

      1      NAZAR ISMAIL,
             S/O. ISMAIL, AGED 56 YEARS, KOTTIKKALIL BANGLAVU
             PARAMBIL, KOOTTIKKAL P.O., KOTTAYAM DISTRICT-
             686514.

      2      P.H. ABDUL SALAM HAJI,
             S/O. HAMSAKKUTTY HAJI, AGED 66 YEARS, ERUMELIYIL
             PUTHEN VEEDU, ERUMELI P.O., KOTTAYAM DISTRICT-
             686509.

             R1-2   BY   ADV.   SRI.C.R.SYAMKUMAR
             R1-2   BY   ADV.   SRI.P.A.MOHAMMED SHAH
             R1-2   BY   ADV.   SRI.K.ARJUN VENUGOPAL
             R1-2   BY   ADV.   SHRI.ASWIN KUMAR M J
             R1-2   BY   ADV.   SMT.HELEN P.A.
             R1-2   BY   ADV.   SRI.SHAHIR SHOWKATH ALI

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                O. P. (C) No.239 of 2021
          ==================
         Dated this the 5th day of February, 2021

                              JUDGMENT

The petitioners, who are additional defendants

2 and 3, seeks for an expeditious disposal of OS

517/2017 pending on the files of the Munsiff's

Court, Alappuzha.

2. The respondents point out that, IA 777/2018

seeking to forward the agreement dated 05.11.2014,

relied on in the suit, for an expert opinion on the

disputed signature of the defendant therein, is

pending.

3. I dispose of this original petition

directing the trial court to pass orders on the

application IA 777/2018 within a period of one

month from the date of receipt of a copy of this O. P. (C) No.239 of 2021

judgment, and make every endeavour to expedite the

proceedings and the suit.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.239 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 26/04/2017 IN OS NO.517/2017 MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT DATED 09/11/2017 IN OS NO.517/2017, MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P3 TRUE COPY OF APPLICATION DATED 19/05/2015 FOR IMPLEADMENT OF THE LEGAL HEIRS OF THE DECEASED DEFENDANT OS NO.517/2017, MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT DATED 25/07/2019 FILED BY THE ADDITIONAL 2ND DEFENDANT IN OS NO.517/2017, MUNSIFF COURT, ALAPPUZHA.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 27/02/2018 IS 777/2018 IN OS NO. 517/2017, MUNSIFF COURT, ALAPPUZHA, SEEKING DIRECTION TO THE HAND WRITING EXPERT FOR COMPARISON OF THE ADMITTED SIGNATURES OF THE DEFENDANTS APPEARING ANY AGREEMENT DATED 15/03/2011 WITH THAT APPEARING IN THE AGREEMENT DATED 05/11/2014.

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE ADDITIONAL 2ND DEFENDANT DATED 22/10/2020 IN IA 777/2018 IN OS NO.517/2017, MUNSIFF COURT, ALAPPUZHA.

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