Mr. Ouseph vs Mr.Ouseph @ Joseph
2021 Latest Caselaw 7657 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.364 OF 2021

          OS 287/2017 OF MUNSIFF COURT, PERUMBAVOOR

PETITIONERS:
      1      MR. OUSEPH
             AGED 75 YEARS
             S/O VARKEY, THAYANKERI HOUSE, KIZHAKKAMBALAM
             KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNAD TALUK,
             ERNAKULAM-683 562.

      2     MR. JOHNY,
            AGED 57 YEARS
            S/O VARKEY, THAYANKERI HOUSE, KIZHAKKAMBALAM
            KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNAD TALUK,
            ERNAKULAM-683 562.

            BY ADVS.
            SRI.ENOCH DAVID SIMON JOEL
            SRI.S.SREEDEV
            SRI.RONY JOSE
            SHRI.CIMIL CHERIAN KOTTALIL

RESPONDENTS:
      1      MR.OUSEPH @ JOSEPH
             AGED 85 YEARS
             S/O ANTHONY, THAYANKERI HOUSE, KIZHAKKAMBALAM
             KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNAD TALUK,
             ERNAKULAM-683 562.

      2     MR. BENNY,
            AGED 58 YEARS
            S/O OUSEPH, THAYANKERI HOUSE, KIZHAKKAMBALAM
            KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNAD TALUK,
            ERNAKULAM-683 562.

     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.364 of 2021

                                     :-2-:

             Dated this the 4th day of March, 2021

                              J U D G M E N T

The petitioners in this original petition are

defendants in O.S.No.287/2017 on the file of

Munsiff's Court, Perumbavoor. They seek for a

direction to be issued to the court below for

expeditious disposal of the suit within a time

frame to be framed by this Court.

2. A report was called for from the court

below and as per the report dated 12.02.2021, it is

submitted that the suit could be disposed of

finally within a period of six months.

In the result, this original petition is

disposed of directing the court below to take up

the suit for trial and dispose it of within a

period of six months from the date of receipt of

certified copy of this judgment.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.364 of 2021

:-3-:

APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO 287/2017 ON THE FILES OF THE MUNSIFF'S COURT, PERUMBAVOOR

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO 287/2017 ON THE FILES OF THE MUNSIFF'S COURT, PERUMBAVOOR.

EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS NO 379/2017 ON THE FILES OF THE MUNSIFF'S COURT, PERUMBAVOOR.,

EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT IN 379/2017 ON THE FILES OF THE MUNSIFF'S COURT, PERUMBAVOOR