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Dr.Leslie Johny vs Kerala Financial Corporation
2021 Latest Caselaw 10441 Ker

Citation : 2021 Latest Caselaw 10441 Ker
Judgement Date : 26 March, 2021

Kerala High Court
Dr.Leslie Johny vs Kerala Financial Corporation on 26 March, 2021
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                    OP(C).No.522 OF 2021

     OS 1530/2019 OF PRINCIPAL MUNSIFF COURT,THRISSUR


PETITIONERS/PLAINTIFFS:

      1     DR.LESLIE JOHNY
            AGED 47 YEARS
            S/O. DR.M.C.JOHNY, MANJALY HOUSE, NEAR POST
            OFFICE, PUDUKKAD P.O., MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT, PIN-680 733. REPRESENTED BY
            POWER OF ATTORNEY HOLDER - M.C.JOHNY, S/O.
            CHAKKAPPAN, MANJALY HOUSE, NEAR POST OFFICE,
            PUDUKKAD P.O., MUKUNDAPURAM TALUK, THRISSUR
            DISTRICT, PIN-680 733.

      2     DR.M.C.JOHNY
            AGED 78 YEARS
            S/O. CHAKKAPPAN, MANJALY HOUSE, NEAR POST
            OFFICE, PUDUKKAD P.O., MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT, PIN-680 733.

      3     DR.SUSEELA JOHNY
            AGED 76 YEARS
            W/O. DR.M.C.JOHNY, MANJALY HOUSE, NEAR POST
            OFFICE, PUDUKKAD P.O., MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT, PIN-680733.

            BY ADVS.
            SMT.MEENA.A.
            SRI.VINOD RAVINDRANATH
            SRI.K.C.KIRAN
            SMT.M.R.MINI
            SRI.M.DEVESH
            SRI.ASHWIN SATHYANATH
            SHRI.ANISH ANTONY ANATHAZHATH
            SHRI.THAREEQ ANVER
 O.P.(C)No.522 of 2021

                           :-2-:


RESPONDENTS/DEFENDANTS:

      1     KERALA FINANCIAL CORPORATION
            REPRESENTED BY ITS MANAGING DIRECTOR,
            VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

      2     KERALA FINANCIAL CORPORATION,
            KOKKALA BRANCH, REPRESENTED BY ITS MANAGER,
            SMART CENTER, KOKKALA, THRISSUR-695021.

      3     DEPUTY TAHSILDAR
            REVENUE RECOVERY, STATE FINANCIAL CORPORATION
            SMART CENTER, KOKKALA, THRISSUR-695 021.

            R1 BY ADV. SRI.M.R.VENUGOPAL
            R1 BY ADV. SMT.DHANYA P.ASHOKAN

     THIS  OP  (CIVIL)    HAVING   BEEN   FINALLY  HEARD     ON
26.03.2021, THE COURT     ON THE   SAME   DAY DELIVERED     THE
FOLLOWING:
 O.P.(C)No.522 of 2021

                                  :-3-:

         Dated this the 26th day of March, 2021


                          J U D G M E N T

The plaintiffs in O.S.No.1530/2019 on the file

of the Munsiff's Court, Thrissur, have sought for a

direction to be issued to the court below for

expeditious disposal of the suit within a time

frame to be fixed by this Court.

2. I heard the learned counsel for the

petitioners as well as the respondents.

3. A report was called for from the court

below in this respect. According to the court

below, the matter could be finally disposed of

within a period of six months.

In the result, the original petition is allowed

calling upon the court below to finally dispose of

O.S.No.1530/2019 within a period of six months from

the date of production of certified copy of this

judgment.

O.P.(C)No.522 of 2021

:-4-:

When this matter was disposed of, the learned

counsel for the petitioners pointed out that no

order was passed by the court below on Ext.P4

I.A.No.8423/2019. The court below may consider

I.A.No.8423/2019 and pass appropriate orders after

hearing the parties forthwith.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.522 of 2021

:-5-:

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 3.5.2019 FILED BEFORE THE VACATION COURT (DISTRICT COURT), THRISSUR, WHICH IS RENUMBERED AS O.S.1530 OF 2019 ON THE FILES OF THE MUNSIFF COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 18.1.2020 FILED BY RESPONDENTS 1 AND 2 IN O.S.1536/2019 OF MUNSIFF COURT, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 24.1.2020 FILED BY THE 3RD RESPONDENT IN OS 1530/19 OF MUNSIFF COURT, THRISSUR.

EXHIBIT P4 TRUE COPY OF THE INJUNCTION PETITION DATED 3.5.2019 NOW PENDING AS I.A.8423 OF 2019 IN O.S.1530 OF 2019 ON THE FILES OF THE MUNSIFF COURT, THRISSUR.

EXHIBIT P5 TRUE COPY OF THE POWER OF ATTORNEY DATED 18.6.1996 EXECUTED BY THE IST PETITIONER IN FAVOUR OF THE 2ND PETITIONER.

 
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