Bhaskaran Nair vs Chandrasekharan Nair
2021 Latest Caselaw 7655 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.396 OF 2021

    OS 1598/2005 OF I ADDITIONAL MUNSIFF COURT ,THRISSUR


PETITIONER/PLAINTIFF:

            BHASKARAN NAIR
            AGED 73 YEARS
            S/O. AMBADY KUNNATH KIZHAKKETHIL GOURI AMMA,
            PERINGANDOOR VILLAGE, DESOM, THALAPPILLY TALUK,
            THRISSUR DISTRICT - 680 581.

            BY ADVS.
            SHRI.K.B.GANGESH
            SMT.ATHIRA A.MENON

RESPONDENTS/DEFENDANTS:

      1     CHANDRASEKHARAN NAIR
            AGED 72 YEARS
            S/O. AMBADY KUNNATH KIZHAKKETHIL GOURI AMMA,
            PERINGANDOOR VILLAGE, DESOM, THALAPPILLY TALUK,
            THRISSUR DISTRICT - 680 581.

      2     JANAKY
            AGED 62 YEARS
            S/O. AMBADY KUNNATH KIZHAKKETHIL GOURI AMMA,
            PERINGANDOOR VILLAGE, DESOM, THALAPPILLY TALUK,
            THRISSUR DISTRICT - 680 581.

            R1-2 BY ADV. SMT.NEENA JAMES
            R1-2 BY ADV. SRI.ARUN ASHOK

     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.396 of 2021

                                   :-2-:

            Dated this the 4th day of March, 2021


                             J U D G M E N T

The petitioner, who is the plaintiff in

O.S.No.1598/2005 pending before the 1st Additional

Munsiff's Court, Thrissur, seeks a direction to be

issued to the court below to finally dispose of the

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

2. A report was called for from the court

below and in the report dated 15.02.2021 it is

pointed out that an Advocate Commissioner was

appointed in this matter after setting aside the

former report and completion of work is awaited.

The learned Officer has, however, sought three

months' time to dispose of the suit finally.

In the result, this original petition is

allowed calling upon the learned Officer to dispose

of the suit within a period of three months from

the date of receipt of certified copy of this O.P.(C)No.396 of 2021

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judgment.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.396 of 2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE COPY OF THE JUDGMENT IN A.S.NO.374/2007 DATED 01.08.2013 PASSED BY 1ST ADDITIONAL DISTRICT COURT OF THRISSUR.

EXHIBIT P2 TRUE COPY OF THE COMMISSIONER'S REPORT DATED 23.05.2018 IN OS NO.1598/2005 ON THE FILE OF 1ST ADDITIONAL MUNSIFF COURT, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT TO EXT.P2 REPORT ON 19.06.2018.

EXHIBIT P4 TRUE COPY OF IA NO.10387/2018 FILED BY THE 1ST RESPONDNET IN OS NO.1598/2005 ON THE FILE OF 1ST ADDITIONAL MUNSIFF COURT, THRISSUR.

EXHIBIT P5 TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO EXT.P4 ON 17.07.2018.