Sobhana vs Unknown
2021 Latest Caselaw 4930 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                       OP(C).No.146 OF 2021

 OS 1325/2016 OF III ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM

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PETITIONER/1ST PLAINTIFF:


             SOBHANA
             AGED 61 YEARS
             D/O SREEMATHI,
             A S BHAWAN, 12/679/1, VARAMBASSERI KUNNUKUZHI,
             VANCHIYOOR P O, VANCHIYOOR VILLAGE,
             THIRUVANANTHAPURAM DISTRICT-695035.

             BY ADV. SRI.J.JAYAKUMAR

RESPONDENT/DEFENDANTS 1,2,ADDL.3RD DEFENDANT AND
PLAINTIFFS 2 TO 5:


      1      THANKAMANI
             SREEPARVATHY BUILDING, VISWAMBARAN ROAD,
             PAPPANAMCODE, THIRUVANANTHAPURAM, PIN-695018.

      2      RAJALEKSHMI
             SREEPARVATHY BUILDING, VISWAMBARAN ROAD,
             PAPPANAMCODE, THIRUVANANTHAPURAM, PIN-695018.

      3      SATHYARAJ
             S/O KRISHNAPANICKER,
             NARANGATT KANAM, RAMAPURAM, BALARAMAPURAM POST,
             THIRUVANANTHAPURAM-695501.

      4      SREEDEVI
             D/O SREEMATHI, 92/19, MULLAI APARTMENT,
             PATTEL SECOND STREET, VILLIVAKKAM, CHENNAI-631207,
             FROM A S BHAWAN, 12/679/1, VARAMBASSERI KUNNUKUZHI,
             VANCHIYOOR P O, VANCHIYOOR VILLAGE,
             THIRUVANANTHAPURAM DISTRICT-695035.
 OP(C).No.146 OF 2021

        5        SUMANGALA
                 D/O SREEMATHI,
                 T/C.55/1903,
                 SREEPARVATHY BUILDING, VISWAMBARAN ROAD,
                 PAPPANAMCODE, THIRUVANANTHAPURAM, PIN-695018.
                 FROM INCHIPPULLUVILAPUTHENVEETTIL, PAPPANAMCODE,
                 MANUKULACHATHI MANGALAM DESOM, NEMAM,
                 THIRUVANANTHAPURAM.

        6        SASIKALA
                 D/O SREEMATHI, B S BHAVAN, ARALJMMOODU P O,
                 PATHAMKALU, ANIYANNOOR VILLAGE, NEYYATTINKARA
                 TALUK, THIRUVANANTHAPURAM-695123.

        7        SREEKALA
                 D/O SREEMATHI,
                 KAMALESWARAM THOTTAMVEETTIL, MANAKKAD MURI,
                 MUTTATHARA VILLAGE, THIRUVANANTHAPURAM TALUK,
                 THIRUVANANTHAPURAM DISTRICT-695009.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
         ==================
                O. P. (C) No.146 of 2021
         ==================
        Dated this the 10th day of February, 2021

                            JUDGMENT

All that the petitioner seeks for is an

expeditious disposal of OS 1325/2016 pending on the

files of the Third Additional Munsiff's Court,

Thiruvananthapuram.

2. The report called for through the Registry

indicates that the additional third defendant is

yet to file written statement. He was impleaded on

04.02.2020. Though the time limit fixed under the

proviso to Order VIII Rule 1 is not mandatory,

grant of time is not a matter of course. Of course,

the pandemic that is prevalent could be a

circumstance for grant of time. O. P. (C) No.146 of 2021

3. Considering the fact that the suit is of the

year 2016, I dispose of this original petition

directing the learned Munsiff to expedite the

proceedings and to make every endeavour to have the

suit OS 1325/2016 tried and disposed of before the

court closes for Christmas vacation 2021.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge OP(C).No.146 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.1325/2016 FILED BY THE PETITIONER AND OTHERS BEFORE THE III ADDL MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE INTERIM REPORT FILED BY THE COMMISSIONER IN IA NO.5994/2006 IN OS NO.1325/2016 BEFORE THE III ADDL MUNSIF COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE IA NO.12531/2019 IN OS NO.1325/2016 FILED BY THE PETITIONER AND OTHERS BEFORE THE III ADDL MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE COUNTER FILED BY THE ADDL 3RD DEFENDANT IN IA NO.12531/2019 IN OS NO.1325/2016 BEFORE THE III ADDL.MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE IA NO.3/2020 IN OS NO.1325/2016 FILED BY THE PETITIONER AND OTHERS BEFORE THE III ADDL.MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P6 TRUE COPY OF THE COUNTER FILED BY THE RESPONDENTS IN IA NO. 3/2020 IN OS NO.1325/2016 BEFORE THE III ADDL MUNSIFF COURT, THIRUVANANTHAPURAM.

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