John Kostow vs Priya Kostow
2021 Latest Caselaw 10570 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                          OP(C).No.662 OF 2021

  AGAINST OS 55/2019 OF II ADDITIONAL MUNSIFF COURT ,TRIVANDRUM


PETITIONER/PLAINTIFF :

             JOHN KOSTOW, AGED 73 YEARS
             S/O. STANCILAS, RESIDING AT T.C. 34/411,
             PRIYA BHAVAN, KANNANTHURA, KARIKKAKOM MURI,
             KADAKAMPALLY VILLAGE, BEECH P.O, THIRUVANANTHAPURAM-
             695 007

             BY ADVS.
             SRI.G.RAJEEV
             SMT.LEKSHMI RAMAKRISHNAN
             SHRI.MUHAMMAD JASHEEN J.
             SHRI.REJITH RAJENDRAN
             SMT.BINCY JOB
             SHRI.AJITH KUMAR.S

RESPONDENTS/DEFENDANTS:

      1      PRIYA KOSTOW, AGED 35 YEARS
             D/O. JOHN KOSTOW, RESIDING AT T.C. 34/411,
             PRIYA BHAVAN, KANNANTHURA, KARIKKAKOM MURI,
             KADAKAMPALLY VILLAGE, BEECH P.O, THIRUVANANTHAPURAM-
             695 007

      2      MATHEW JOSEPH,
             S/O. JOSEPH KELIYOS, AGED 39 YEARS,
             RESIDING AT T.C. 34/1628, BINOY COTTAGE, KOCHUTHOPPU,
             PETTAH VILLAGE,VALLAKKADAVU P.O, THIRUVANANTHAPURAM-
             695 008


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.662 OF 2021


                                                    2




                                               JUDGMENT

The petitioner, who is the plaintiff in O.S.No.55/2019 on

the file of Additional Munsiff Court, Thiruvananthapuram,

has filed this original petition seeking a direction to the

court below for final disposal of the suit within a time

frame to be fixed by this Court. The petitioner herein is

a senior citizen.

2. A report was called for from the court below and in

report dated 22.03.2021, wherein the learned officer

indicated that an application, filed by the

defendants/respondents, seeking to set aside ex parte order

is pending consideration and consequently requested for a

period of six months for final disposal of the suit.

3. In the result, this original petition is allowed with a

direction to the court below to dispose of the suit within

a period of six months from the date of receipt of a

certified copy of this judgment.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/29/03/2021 OP(C).No.662 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PLAINT IN O.S NO. 55 OF 2019.

EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT IN O.S NO. 55 OF 2019.

EXHIBIT P3 TRUE COPY OF PETITION TO SET ASIDE THE EX PARTE ORDER FILED BY THE RESPONDENTS IN O.S. NO. 55 OF 2019.

EXHIBIT P3 A TRUE COPY OF OBJECTION TO THE PETITION TO SET ASIDE THE EX PARTE ORDER FILED BY THE PETITIONER IN O.S. NO. 55/2019

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE