Prakash Kumar vs Kamala Kumary Amma
2021 Latest Caselaw 15399 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                         FAO NO. 50 OF 2020
AGAINST THE ORDER DATED 27.02.2020 IN I.A.01/2020 IN AS 02/2020 OF
                         SUB COURT, PUNALUR
APPELLANTS/PETITIONERS/APPELLANTS:

    1     PRAKASH KUMAR, AGED 55 YEARS,S/O.PONNAPPAN NAIR,
          KOCHU VEEDU, VENCHEMBU,KARAVALOOR VILLAGE, PUNALUR
          TALUK
    2     PONNAPPAN NAIR, AGED 92 YEARS,S/O. KESAVA PILLAI,
          KOCHU VEEDU, VENCHEMBU,KARAVALOOR VILLAGE, PUNALUR
          TALUK.
          BY ADVS.
             SRI. PAUL JACOB (P)
             SRI.ENOCH DAVID SIMON JOEL
             SRI.RONY JOSE
             SRI.GEORGE A.CHERIAN
             SRI.LEO LUKOSE
             SRI.AMAL AMIR ALI



RESPONDENTS/RESPONDENTS/RESPONDENTS:

     1     KAMALA KUMARY AMMA, W/O.SURENDRAN NAIR,
           KAIPPALIYAZHIKATHU (ASOKA BHAVANAM), THEVALAPPURAM
           VILLAGE, KOTTARAKKARA TALUK, PIN-691507
     2     SALINI,D/O.SURENDRAN NAIR, KAIPPALIYAZHIKATHU
           (ASOKA BHAVANAM), THEVALAPPURAM VILLAGE, KOTTARAKKARA
           TALUK,PIN-691507
     3     ASOKA KUMAR,S/O.SURENDRAN NAIR, KAIPPALIYAZHIKATHU
           (ASOKA BHAVANAM), THEVALAPPURAM VILLAGE, KOTTARAKKARA
           TALUK,PIN-691507
     4     AMIRTHA KUMAR, S/O.SURENDRAN NAIR, KAIPPALIYAZHIKATHU
           (ASOKA BHAVANAM), THEVALAPPURAM VILLAGE, KOTTARAKKARA
           TALUK,PIN-691507
     5     SYAM KUMAR,S/O.SURENDRAN NAIR, KAIPPALIYAZHIKATHU
           (ASOKA BHAVANAM), THEVALAPPURAM VILLAGE, KOTTARAKKARA
           TALUK,PIN-691507
          R2 AND R3 BY ADV SRI.K.P.SUJESH KUMAR

     THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON
     22.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
     FOLLOWING:
 F.A.O No.50 of 2020
                                        2




                                  JUDGMENT

Dated this the 22nd day of July,2021

Order passed by Sub Court, Punalur on 27.02.2020 in

I.A.No.01 of 2020 is under challenge before this Court in the

proceedings on hand. Injunction sought by the

appellants/petitioners was rejected and therefore, the

aggrieved appellants/petitioners are before this Court in the

proceedings on hand. Now almost one year has elapsed and

the learned counsel for the appellants submits that he is not

pressing for an order in the FAO on merits but only intends to

have a direction to the court below for expeditious disposal of

AS No.02 of 2020 pending on it's files.

2. The learned counsel for the respondents did not

oppose the said prayer of the counsel for the appellants.

3. In the above circumstances, an order on merits is

not passed in the appeal but a direction is issued to Sub

Court, Punalur to dispose of AS No.02 of 2020 pending on its

file within a period of one month from the date of this

judgment.

F.A.O No.50 of 2020

4. The appeal is disposed of with the direction issued

as above.

The Registry shall transmit this judgment to Sub Court,

Punalur, alongwith the lower court records, if any are called

for and available with the records of the case on hand for

facilitating compliance of the direction issued as above.

Sd/-

MARY JOSEPH JUDGE MJL F.A.O No.50 of 2020

APPENDIX

PETITIONERS' ANNEXURES:

ANNEXURE 1: PHOTOCOPY OF THE JUDGMENT DATED 17.12.2019 IN OS 287/2015 ON THE FILES OF MUNSIFF'S COURT, PUNALUR

RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

PA TO JUDGE