Shanty vs Sajimol
2021 Latest Caselaw 10889 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943

                         OP(C).No.679 OF 2021

AGAINST THE ORDER/JUDGMENT IN OS 96/2017 OF MUNSIFF COURT, IDUKKI


PETITIONER/PETITIONER:

             SHANTY
             AGED 42 YEARS
             W/O.JAMES.N.VARGHESE,
             NEERAMUKALTH HOUSE,
             NEERAMUKAL KARA,
             PUTHENKURISU, MANEED VILLAGE,
             MUVATTUPUZHA TALUK, ERNAKULAM-682308.

             BY ADVS.
             SRI.C.A.CHACKO
             SMT.C.M.CHARISMA

RESPONDENTS/RESPONDENTS:

      1      SAJIMOL
             AGED 46 YEARS
             W/O.BENNY JOHN,
             KOLOLIKIZHAKKETHIL HOUSE,
             CHELACHUVADU P.O.,
             KANJIKUZHY VILLAGE,
             IDUKKI TALUK, PIN-685606.

      2      BENNY JOHN,
             AGED 50 YEARS
             KIZHAKKECHERIL HOUSE,
             KOLOLIKIZHAKKETHIL HOUSE,
             CHELACHUVADU P.O.,
             KANJIKUZHY VILLAGE,
             IDUKKI TALUK, PIN-685606.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.679 OF 2021

                                        2


                                   JUDGMENT

Dated this the 31st day of March 2021

The petitioner in this O.P. filed for issuing a direction to

the Court below for Ext.P3, FDA (IA).No.69/2020 in O.S.No.96/2017,

is the applicant in the final decree proceedings. It is submitted that a

direction may be given to the court below for final disposal of the

matter within a time frame to be fixed by this Court.

2. I heard the learned counsel for the petitioner. A report

was called for in this respect from the court below. It is submitted by

the court below that survey commission is yet to be taken out and

once the report is filed, it will be in a position to dispose of the

proceedings within the period of six months from the date of re-

opening of court after summer vacation.

In the result, this O.P. is allowed calling upon the court

below to dispose of the proceedings finally within a period of six

months from the date of reopening of the court after summer vacation

as suggested in the report.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.679 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PRELIMINARY DECREE DATED 02.02.2019 IN O.S.NO.96/17 ON THE FILE OF MUNSIFF COURT, IDUKKI.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 02.02.2019 IN O.S.NO.96/2017 ON THE FILE OF MUNSIFF COURT, IDUKKI.

EXHIBIT P3 TRUE COPY OF FDA(IA).NO.69/2020 IN O.S.NO.96/17 ON THE FILE OF MUNSIFF COURT, IDUKKI.

//TRUE COPY// PA TO JUDGE