Gopalakrishna Menon vs Hari Babu
2021 Latest Caselaw 14052 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        OP(C) NO. 953 OF 2021
               OS 439/2020 OF MUNSIFF COURT,        PALAKKAD
PETITIONER/S:

    1          GOPALAKRISHNA MENON
               AGED 75 YEARS
               S/O. V. K. GOVINDA MENON, ASHIRVAD HOUSE,
               KUNNATHURMEDU, PALAKKAD - 678013.
    2          K. V. BABU MENON
               AGED 67 YEARS
               S/O. V. K. GOVINDA MENON,VANDANAM
               BHAGYAMANDIRAM, ELAPPULLY, RAMASSERY POST,
               PALAKKAD - 678 622.
               BY ADV L.RAJESH NARAYAN

RESPONDENT/S:

               HARI BABU
               AGED 70 YEARS
               S/O. V. K. GOVINDA MENON, BHAGYAMANDIRAM,
               ELAPPULLY, RAMASSERY POST, PALAKKAD - 678 622.
               BY ADVS.
               RAJESH SIVARAMANKUTTY
               K.VIJINA
               ARUL MURALIDHARAN


        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.953 of 2021

                                   -2-



                             JUDGMENT

Dated this the 07th day of July, 2021

Petitioners are the plaintiffs in O.S.No.439

of 2020 on the files of the Munsiff's Court,

Palakkad. Along with the plaint, the petitioners

have filed I.A.No.2411 of 2020 for interim

mandatory injunction. The grievance raised in

this original petition is regarding the delay in

taking a decision on the interlocutory

application.

2. In the report called for by this Court,

the learned Munsiff has given the details

regarding the previous postings of the case and

has requested for three months time for disposing

the application.

3. Learned Counsel for the respondent

submits that the Advocate Commissioner appointed O.P.(C) No.953 of 2021

in the case has filed only an interim report and

final report, after identifying the property, is

yet to be filed. On such report being filed, the

parties may raise objection also. It is hence

suggested that a period of at least five months

will be required to complete the process.

3. I find substance in the submissions

made.

The original petition is hence disposed of,

directing the Munsiff Court, Palakkad to pass

orders on I.A.No.2411 of 2020 in O.S.No.439 of

2020 within an outer limit of five months from

the date of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

Scl/07.07.2021 O.P.(C) No.953 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.439/2020 DATED 12.10.2020. EXHIBIT P2 TRUE COPY OF IA 2411/2020 IN OS NO.439/2020 DATED 12.10.2020. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 20.02.2021.

EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT DATED 30.10.2020.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 30.11.2020.