Thilothama vs The State Of Kerala
2021 Latest Caselaw 1483 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                        OP(C).No.113 OF 2021

 OS 7/2011 OF MUNSIFF COURT, DEVIKULAM TO MUNSIFF COURT, ADIMALI

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PETITIONER/PLAINTIFF:

             THILOTHAMA
             AGED 65 YEARS
             D/O. LAKSHMI, RESIDING AT KOLLAMMAVUDY HOUSE,
             KOTTAPPARA KARA, ANAVIRATTY VILLAGE, DEVIKULAM
             TALUK, IDUKKI DISTRICT, PIN - 685613.

             BY ADVS.
             SRI.A.A.ZIYAD RAHMAN
             SRI.LAL K.JOSEPH
             SRI.SURESH SUKUMAR
             SRI.ANZIL SALIM
             SHRI.CHACKO MATHEWS K.

RESPONDENTS/RESPONDENTS:

      1      THE STATE OF KERALA,
             REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

      2      THE CHIEF CONSERVATOR OF FORESTS,
             FOREST HEAD QUARTERS, VAZHUTHACADU,
             THIRUVANANTHAPURAM, PIN - 695014.

      3      THE FOREST RANGE OFFICER
             ADIMALY FOREST RANGE, KOOMBAN PARA,
             MANNAKANDAM VILLAGE, IDUKKI DISTRICT, PIN - 685561.

             SPL. GOVERNMENT PLEADER SRI.SANDESH RAJA

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                O. P. (C) No.113 of 2021
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         Dated this the 14th day of January, 2021

                                  JUDGMENT

Petitioners are the plaintiffs in a suit for

declaration of possession and injunction against forceful eviction. The suit was dismissed for

default on 09.02.2016. The petitioner filed

applications as IA 1/2020 and 2/2020 seeking

restoration of the suit and condonation of delay in

filing the same. Since the suit originally filed

before the Munsiff's Court, Devikulam, was

transferred to the Munsiff's Court at Adimali, the

applications were filed before the Munsiff's Court,

Admali. The grievance of the petitioner is that,

pending consideration of the applications, the

petitioner is sought to be evicted from the

property in question.

2. Without expressing anything on merits, I

dispose of this original petition directing the

Munsiff's Court, Adimali to consider the

applications IA 1/20 and IA 2/20 as expeditiously O. P. (C) No.113 of 2021

as possible and at any rate within a period of one

month from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge OP(C).No.113 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPORT BEARING NO. 272/78 DATED 27/10/78 OF THE REVENUE INSPECTOR SUBMITTED TO THE DISTRICT COLLECTOR.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN OS 16/77 DATED 30/10/1991 OF THE MUNSIFF COURT, DEVIKULAM.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 25/11/1993 IN OS 16/77 OF MUNSIFF COURT, DEVIKULAM.

EXHIBIT P4 TRUE COPY OF THE PLAINT SUBMITTED BY THE PETITIONER IN OS 7/2011 BEFORE THE MUNSIFF COURT, DEVIKULAM.

EXHIBIT P5 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT IN OS 7/2011 BASED ON HIS INSPECTION DATED 24.10.2011.

EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT IN THE OS 7/2011 FILED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 09.02.2016 IN OS 7/2011.

EXHIBIT P8 TRUE COPY OF THE IA NO.1/2020 IN OS 7/2011 ON THE FILE OF MUNSIFF COURT, DEVIKULAM, (TO BE TRANSFERRED TO MUNSIFF COURT, ADIMALI)

EXHIBIT P9 TRUE COPY OF THE IA NO.2/2020 IN OS 7/2011 IN OS 7/2011 ON THE FILE OF MUNSIFF COURT, DEVIKULAM(TO BE TRASFERRED TO MUNSIFF COURT, ADIMALI)

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