Citation : 2021 Latest Caselaw 3248 Ker
Judgement Date : 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
OP(C).No.1968 OF 2020
F.D.I.A NO.4166/2017 IN OS 809/2016 OF ADDITIONAL MUNSIFF COURT,
PALAKKAD
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PETITIONER:
MERCY ARUN
AGED 48 YEARS
D/O.LATE N.J.JOSEPH, PALM COURT, IDUKKI ROAD,
THODUPUZHA-685585.
BY ADVS.
SRI.BASANT BALAJI
SMT.P.T.MARY
RESPONDENTS:
1 GEORGE N.J.
AGED 52 YEARS
S/O.LATE N.J.JOSEPH, 6/608(5), SHERIN APPARTMENT,
PUTHUR ROAD, KOPPAM ANSON, PALAKKAD-678014.
2 MARIYAMMA N.J.,
AGED 51 YEARS
D/O.LATE N.J.JOSEPH, PAREPPADAN (HO),
KINFRA NAGAR P.O., ATTAPPADAM, CHALAKKUDY,
THRISSUR DISTRICT-680309.
3 LILLY N.J.,
AGED 43 YEARS
D/O.LATE N.J.JOSEPH, SANJOHN, HNO.87,
KAKKANI, KALLEKULANGARA, PALAKKAD-678009.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1968 of 2020
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Dated this the 29th day of January, 2021
JUDGMENT
The final decree application in a suit for
partition had been pending since the year 2017, is
the grievance of the petitioner; an expeditious
disposal of the same is prayed for.
2. The report called for through the Registry
reveals that the commission report was remitted for
fresh allocation of plots and that against the said
order of remission, a review petition with a delay
condonation application are pending.
In the circumstances, though I am not
stipulating any time frame for disposal of the
proceedings, the learned Munsiff shall make every
endeavour to have the suit disposed of as
expeditiously as possible. Original petition is
disposed of.
Sd/-
SATHISH NINAN JUDGE
kns/- //True Copy// P.S. to Judge OP(C).No.1968 OF 2020
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PRELIMINARY DECREE DATED 15.09.2017.
EXHIBIT P2 TRUE COPY OF THE REPORT ALONG WITH A PLAN.
EXHIBIT P3 TRUE COPY OF I.A.NO.39/2019 IN FDIA 4166/2017.
EXHIBIT P4 COPY OF THE COMMISION REPORT AND PLANT SUBMITTED ON 22.03.2019.
EXHIBIT P5 TRUE COPY OF THE I.A.NO.4090/2019 IN I.A.NO.4166/2017.
EXHIBIT P6 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER ON 21.09.2018.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 18.01.2020 IN I.A.NO.4090/2019.
EXHIBIT P8 TRUE COPY OF THE REVIEW PETITION FILED AS I.A.NO.2273/2020.
EXHIBIT P9 TRUE COPY OF THE OBJECTION PETITION FILED BY THE RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE DELAY PETITION FILED AS I.A.NO.2272/2020.
EXHIBIT P11 TRUE COPY OF THE OBJECTION FILED TO I.A.NO.2272/2020.
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