Jolama Daniel vs Rosamma Daniel
2021 Latest Caselaw 5575 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                    OP(C).No.177 OF 2021

  IA 753/2019 IN OS 261/2016 OF MUNSIFF COURT,KAYAMKULAM


PETITIONER/PETITIONER/PLAINTIFF:

            JOLAMA DANIEL
            AGED 43 YEARS
            W/O. SHIJU CHERIYAN, VALIYAPARAMBIL,
            MUNDIYIPPALLY MURI, KAVIYOOR VILLAGE, THIRUVALLA
            TALUK, FROM MANNADISSERIL VEEDU, PUTHUPPALLY
            THEKKUM MURI, PUTHUPPALLY VILLAGE, PIN-690 527

            BY ADV. SRI.S.SUBHASH CHAND

RESPONDENTS/RESPONDENTS/DEFENDANTS:

      1     ROSAMMA DANIEL
            W/O. DANIEL, MANNADISSERIL VEEDU, PUTHUPPALLY
            THEKKUM MURI, PUTHUPPALLY VILLAGE, PIN-690 527

      2     SHERLY DANIEL,
            W/O. SIJU, THOPPIL VEEDU, PUTHUPPALLY THEKKUM
            MURI, PUTHUPPALLY VILLAGE, PIN-690 527

            R1-2 BY ADV. SRI.V.BOBAN
            R1-2 BY ADV. SRI.VINCENT JOSEPH

     THIS  OP  (CIVIL)   HAVING     BEEN   FINALLY  HEARD ON
16.02.2021, THE COURT    ON THE     SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.177/2021

                                 :-2-:

      Dated this the 16th day of February, 2021


                         J U D G M E N T

The plaintiff in O.S.No.261/2016, who already

secured a preliminary decree and prosecutes final

decree proceedings before Munsiff's Court,

Kayamkulam, is the petitioner in this proceeding,

seeking a direction for speedy disposal of the

final decree matter. A report was called for from

the learned Munsiff, Kayamkulam, who in his letter

dated 25.01.2021 indicates that the proceedings are

ripe for final disposal. It is informed that the

sketch attached to the preliminary decree is

sufficient for passing a final decree. In that

event, I am of the opinion that a direction for

disposal of the proceedings within a period of

three months can be issued in this matter.

In the result, this original petition is

allowed directing Munsiff's Court, Kayamkulam, to O.P.(C)No.177/2021

:-3-:

dispose of the matter pending before it within a

period of three months from the date of receipt of

certified copy of this judgment.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.177/2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.

261/2016 ON THE FILE OF THE COURT OF THE MUNSIFF, KAYAMKULAM.

EXHIBIT P2 TRUE COPY OF THE COMPROMISE PETITION SUBMITTED BY THE PLAINTIFF AND THE DEFENDANTS TOGETHER BEFORE THE COURT OF THE MUNSIFF, KAYAMKULAM IN O.S. NO. 261/2016.

EXHIBIT P3 TRUE COPY OF THE PRELIMINARY JUDGMENT IN OS NO. 261 OF 2016 ON THE FILE OF THE COURT OF THE MUNSIFF, KAYAMKULAM.

EXHIBIT P4 TRUE COPY OF THE PRELIMINARY DECREE IN O.S. NO. 261/2016 ON THE FILE OF THE COURT OF THE MUNSIFF, KAYAMKULAM.

EXHIBIT P5 TRUE COPY OF THE FINAL DECREE APPLICATION BEARING I.A. NO. 753/2019 IN O.S. NO. 261/2016 ON THE FILE OF THE COURT OF THE MUNSIFF, KAYAMKULAM.