Celin vs Mariyakkutty Varkey
2021 Latest Caselaw 7648 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                   OP(C).No.1474 OF 2020

AGAINST THE ORDER DATED 7.8.2020 IN IA 1/2020 IN OS 292/2011
    ON THE FILE OF MUNSIFF MAGISTRATE COURT,THODUPUZHA


PETITIONERS/PETITIONERS IN IA/PLAINTIFFS:

      1     CELIN
            AGED 51 YEARS
            W/O. THOMAS, KOONANIYIL HOUSE, ANCHIRI KARA,
            ALAKODE VILLAGE, THODUPUZHA TALUK, ANCHIRI P O,
            PIN - 685585.

      2     GEORGE
            AGED 59 YEARS
            S/O.JOSEPH, KOONANIYIL HOUSE, ANCHIRI KARA,
            ALAKODE VILLAGE, THODUPUZHA TALUK, ANCHIRI P O,
            PIN - 685585.

      3     MARIYAKUTTY
            AGED 65 YEARS
            D/O. JOSEPH, KOONANIYIL HOUSE, ANCHIRI KARA,
            ALAKODE VILLAGE, THODUPUZHA TALUK, ANCHIRI P O,
            PIN - 685585.

      4     THANKAMMA
            AGED 61 YEARS
            W/O. JOSEPH, KOONANIYIL HOUSE, ANCHIRI KARA,
            ALAKODE VILLAGE, THODUPUZHA TALUK, ANCHIRI P O,
            PIN - 685585.

            BY ADVS.
            SRI.P.B.KRISHNAN
            SRI.P.B.SUBRAMANYAN
            SRI.SABU GEORGE
            SMT.B.ANUSREE
            SRI.MANU VYASAN PETER
            SMT.P.MEERA
 O.P.(C)No.1474 of 2020

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RESPONDENTS/RESPONDENTS 2 TO 10 IN IA/DEFENDANTS:

      1     MARIYAKKUTTY VARKEY
            AGED 81 YEARS
            W/O. VARKEY, CHURULIYIL HOUSE, INCHIYANI KARA,
            ALAKKODE VILLAGE, ANCHIRI P O, THODUPUZHA,
            IDUKKI DISTRICT, PIN - 685585.

      2     MARYKUTTY
            AGED 58 YEARS
            W/O. JOY, CHURULIYIL HOUSE, INCHIYANI KARA,
            ALAKKODE VILLAGE, ANCHIRI PO, THODUPUZHA, IDUKKI
            DISTRICT, PIN - 685585.

      3     JOMY
            AGED 29 YEARS
            D/O. LATE JOY, CHURULIYIL HOUSE, INCHIYANI KARA,
            ALAKKODE VILLAGE, ANCHIRI PO,PIN - 685585.

      4     GINI
            AGED ABOUT 25 YEARS
            D/O. LATE JOY, CHURULIYIL HOUSE, INCHIYANI KARA,
            ALAKKODE VILLAGE, ANCHIRI PO,PIN - 685585.

      5     SR. MERLIN
            AGED 58 YEARS
            D/O. LATE VARKEY MATHAI, CHURULIYIL HOUSE,
            INCHIYANI KARA, ALAKKODE VILLAGE, ANCHIRI P O,
            PIN - 685585.

      6     SR. LISSA
            AGED ABOUT 58 YEARS
            D/O. LATE VARKEY MATHAI, CHURULIYIL HOUSE,
            INCHIYANI KARA, ALAKKODE VILLAGE, ANCHIRI P O,
            PIN - 685585.
 O.P.(C)No.1474 of 2020

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      7     SR. RAIT
            AGED ABOUT 54 YEARS
            D/O. LATE VARKEY MATHAI, CHURULIYIL HOUSE,
            INCHIYANI KARA, ALAKKODE VILLAGE, ANCHIRI P O,
            PIN - 685585.

      8     SHAJU
            AGED 51 YEARS
            S/O. LATE VARKEY MATHAI, CHURULIYIL HOUSE,
            INCHIYANI KARA, ALAKKODE VILLAGE, ANCHIRI P O,
            PIN - 685585.

      9     SANTHOSH
            AGED ABOUT 49 YEARS
            S/O. LATE VARKEY MATHAI, CHURULIYIL HOUSE,
            INCHIYANI KARA, ALAKKODE VILLAGE, ANCHIRI P O,
            PIN - 685585.

            R1, R8 BY ADV. SRI.G.SREEKUMAR (CHELUR)

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.1474 of 2020

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         Dated this the 4th day of March, 2021


                        J U D G M E N T

Heard the learned counsel appearing on both

sides.

2. I am not going into the legality of Ext.P10

order dated 07.08.2020 challenged in this

proceedings. Learned counsel for the petitioners

submitted that a direction may be issued to the

court below to dispose of O.S.No.292/2011

expeditiously. In this respect, a report was called

for from the court below and as from the report

dated 16.02.2021, it has come out that the court

below is in a position to dispose of the suit as

early as possible. Having gone through the report,

I am of the opinion that the court below shall be

directed to dispose of the suit within a period of

one month from the date of receipt of certified O.P.(C)No.1474 of 2020

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copy of this judgment.

In the result, the original petition is

disposed of as made clear above.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.1474 of 2020

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AMENDED PLAINT DATED 21.11.2011 IN OS NO.292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 29.09.2014 IN OS NO.292 OF 2011 ON THE FILE MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P3 TRUE COPY OF THE ADDITIONAL WRITTEN

OF 2011 ON THE FILE MUNSIFF'S COURT, THODUPUZHA .

EXHIBIT P4 TRUE COPY OF THE IA NO. 1 OF 2020 DATED 05.06.2020 IN OS NO. 292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 10.06.2020 IN IA NO. 1 OF 2020 IN OS NO. 292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P6 TRUE COPY OF IA NO.3 OF 2020 DATED 12.06.2020 IN OS NO. 292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P7 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA NO.3 OF 2020 DATED 19.06.2020 IN OS NO. 292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P8 TRUE COPY OF THE COMMISSION REPORT DATED 06.07.2020 TOGETHER WITH THE REPORT OF THE AGRICULTURAL OFFICER, ALAKKODE IN OS NO. 292 OF 2011, MUNSIFF'S COURT, THODUPUZHA.

O.P.(C)No.1474 of 2020

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EXHIBIT P9 TRUE COPY OF THE OBJECTION TO THE COMMISSION REPORT DATED 07.07.2020 FILED BY RESPONDENT NO. 8.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 07.08.2020 IN IA NO 1 OF 2020 IN OS NO.292 OF 2011 ON THE FILE OF MUNSIFF'S COURT, THODUPUZHA.