John Thomas vs Devarajan Alias Vishwambharan
2021 Latest Caselaw 3377 Ker

Citation : 2021 Latest Caselaw 3377 Ker
Judgement Date : 29 January, 2021

Kerala High Court

John Thomas vs Devarajan Alias Vishwambharan on 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.1933 OF 2020

           OS 289/2017 OF MUNSIFF COURT ,PATHANAMTHITTA

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PETITIONER/PLAINTIFF:

             JOHN THOMAS
             AGED 73 YEARS
             S/O. LATE P.T.JOHN, PUTHIYATH HOUSE,
             CHENEERKARA, PRAKANAM, KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT-689647.

             BY ADVS.
             SRI.ARUN.B.VARGHESE
             SMT. AISWARYA V.S.

RESPONDENT/DEFENDANT:

             DEVARAJAN ALIAS VISHWAMBHARAN
             AGED 58 YEARS
             S/O. BHASKARAN, CHANGATHARAYIL VISHWAM BHAVAN,
             CHENEERKARA VILLAGE, KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT-689647.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021,
ALONG WITH OP(C).1940/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
              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.1940 OF 2020

           OS 307/2017 OF MUNSIFF COURT ,PATHANAMTHITTA

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PETITIONERS/DEFENDANT NO.5 AND 6:


      1      JOHN THOMAS
             AGED 73 YEARS
             S/O.LATE P.T.JOHN,PUTHIYATH HOUSE,
             CHENEERKARA,PRAKANAM,KOZHENCHERRY
             TALUK,PATHANAMTHITTA DISTRICT-689647.

      2      SHIBU THOMAS,
             AGED 43 YEARS
             S/O.JOHN THOMAS,PUTHIYATH HOUSE,
             CHENEERKARA,PRAKANAM,KOZHENCHERRY
             TALUK,PATHANAMTHITTA DISTRICT-689647.

             BY ADVS.
             SRI.ARUN.B.VARGHESE
             SMT. AISWARYA V.S.

RESPONDENTS/PLAINTIFF AND DEFENDANTS 1-4:


      1      DEVARAJAN C.B
             AGED 58 YEARS
             S/O.BHASKARAN,CANGATHARAYIL VISHWAM
             BHAVAN,CHENEERKKARA VILLAGE,KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT-689647.

      2      STATE OF KERALA,
             REPRESENTED BY THE DISTRICT COLLECTOR,
             PATHANAMTHITTA-689645.
 OP(C).No.1940 OF 2020
                                -2-

      3      THE EXECUTIVE ENGINEER,
             PWD(ROADS DIVISION),PATHANAMTHITTA -689645.

      4      THE TAHASILDAR,
             KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT-689641.

      5      THE VILLAGE OFFICER,
             CHENEERKARA VILLAGE,CHENEERKARA,
             PATHANAMTHITTA DISTRICT-689647.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021,
ALONG WITH OP(C).1933/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
           O. P. (C) Nos.1933 & 1940 of 2020
          ==================
         Dated this the 29th day of January, 2021

                          JUDGMENT

All that has been sought for in these original

petitions is an expeditious disposal of OS 289/2017

and OS 307/2017 pending on the files of the

Munsiff's Court, Pathanamthitta.

2. On going through the report obtained through

the Registry, it appears that, steps are not

complete in the suits. It has also been reported

regarding the pendency of a number of "five year

plus old cases" pending before the court. In the

circumstances, I am not inclined to fix a time

limit for disposal of the suits. However, the

learned Munsiff shall expedite the proceedings in

the suit including obtaining of report from the O. P. (C) Nos.1933 & 1940 of 2020

Commissioner, and make every endeavour to have the

suits disposed of at an early date.

Original petitions are disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge APPENDIX OF OP(C) 1933/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.289/2017 ON THE FILES OF MUNSIFF COURT PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11.8.2017 IN I.A.NO.1562/2017 IN O.S.NO.289/2017 OF MUNSIFF COURT, PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16.12.2020 ISSUED FROM MGM MUTHOOT HOSPITAL, PATHANAMTHITTA.

EXHIBIT P4 TRUE COPY OF MEDICAL CERTIFICATE DATED 16.12.2020 ISSUED BY THE CONSULTANT NEUROLOGIST, MAR GREGORIOS MEMORIAL MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA.

EXHIBIT P5 TRUE COPY OF THE CASE STATUS AVAILABLE IN THE OFFICIAL WEBSITE OF THE MUNSIFF COURT, PATHANAMTHITTA.

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EXHIBIT P1 TRUE COPY OF THE PLAIN IN O.S.NO.307/2017 ON THE FILES OF MUNSIFF COURT PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT WITH COUNTER CLAIM FILED BY THE PETITIONERS HEREIN IN O.S.NO.307/2017 BEFORE THE MUNSIFF COURT,PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF I.A.NO.929/2019 IN O.S.NO.307/2017 FILED BY THE PETITIONERS HEREIN BEFORE THE MUNSIFF COURT,PATHANAMTHITTA.

EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16.12.2020 ISSUED FROM MGM MUTHOOT HOSPITAL,PATHANAMTHITTA.

EXHIBIT P5 TRUE COPY OF MEDICAL CERTIFICATE DATED 16.12.2020 ISSUED BY THE CONSULTANT NEUROLOGIST,MAR GREGORIOS MEMORIAL MUTHOOT MEDICAL CENTRE,PATHANAMTHITTA.

EXHIBIT P6 TRUE COPY OF THE CASE STATUS AVAILABLE IN THE OFFICIAL WEBSITE OF THE MUNSIFF COURT,PATHANAMTHITTA.

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