Bhama Lekshmi vs Nil
2021 Latest Caselaw 8230 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                    OP(C).No.321 OF 2021

IN I.A.NO.3/2020 IN I.A.NO.408/2016 IN O.S.NO.25/2015 OF SUB
                   COURT, KARUNAGAPPALLY


PETITIONER/2ND DEFENDANT:

            BHAMA LEKSHMI,
            AGED 22 YEARS,
            D/O LATE SANKARANARAYANAN, VELLIMANA,
            VAZHAPPILLY, AYNIVELIKULANGARA, KARUNAGAPPILLY,
            KOLLAM

            BY ADVS.SHRI.GEORGE SEBASTIAN
                    SMT.PHILIA KOSHY

RESPONDENTS/ADDITIONAL PLAINTIFFS 2 AND 3 AND DEFENDANTS 1
AND 3:

      1     RAJALAKSHMI,
            D/O DEVAKI ANTHARJANAM (LATE), SOPANAM,
            MARITHASSERIL HOUSE, ARAKKULAM P.O.,
            IDUKKI, PIN-685 602.

      2     VIJAYALAKSHMI,
            D/O DEVAKI ANTHARJANAM (LATE), CHANDRAMANA,
            GNRA-103, WATER TANK ROAD, ANGAMALY
            P.O.ERNAKULAM, PIN-683 572.

      3     SINDHU KUMARI,
            W/O LATE SANKARANARAYANAN, VELLIMANA,
            VAZHAPPILLY, AYNIVELIKULANGARA VILLAGE,
            KARUNAGAPPILLY TALUK, KOLLAM, PIN-690 573.

      4     BANU LAKSHMI,
            D/O LATE SANKARANARAYANAN, VELLIMANA,
            VAZHAPPILLY, AYNIVELIKULANGARA VILLAGE,
            KARUNAGAPPILLY TALUK, KOLLAM, PIN-690 573.

            R3-4 BY ADV. SRI.ARUN LUCKOSE ABRAHAM

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.321/2021

                                        -:2:-




                     Dated this the 10th day of March,2021

                              J U D G M E N T

Heard the learned counsel for the petitioner

in this original petition.

2. Petitioner is the second defendant in

O.S.No.25/2015 on the file of Sub Court,

Karunagappally. She seeks a direction to be issued to the court below to take up I.A.No.3/2020 in

O.S.No.25/2015 filed under Order XX Rule 18 of the

Code of Civil Procedure,1908 for urgent

consideration and disposal within a time frame to

be fixed by this Court.

3. A report was obtained from the court

below. It is submitted in the report that the

officer needs eight months' time to dispose of the

interlocutory application. The time sought by the

learned officer seems to be too long to be

granted. Two months' time may be at the most

needed for disposing Ext.P6 which is only an

application for passing supplementary preliminary

decree.

In the result, original petition is allowed

directing the learned officer to dispose of O.P.(C)No.321/2021

Ext.P6(I.A.No.3/2021 in O.S.No.25/2015) within a

period of two months from the date of receipt of a

certified copy of this judgment.

All pending interlocutory applications will

stand closed.

Sd/-

                                   T.V.ANILKUMAR,JUDGE

DST                                                 //True copy/

                                                   P.A.To Judge
 O.P.(C)No.321/2021






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1           A TRUE COPY OF THE RELEVANT EXTRACT OF

THE B-DIARY PROCEEDINGS IN O.S. NO. 25/2015 OF OF SUB COURT, KARUNAGAPPALLY

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 28.1.2019 IN W.P.(C)NO.10869/2018

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 14.11.2019 IN O.P.(C)NO. 2927/2019

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 31.1.2020 IN I.A.NO 1/2020 IN (FDA(IA) NO.408/2016) IN O.S. NO 25/2015 OF THE SUB COURT, KARUNAGAPPALLY

EXHIBIT P5 A TRUE COPY OF I.A.NO.542/2019 IN O.S.

NO.25/2015 OF THE SUB COURT, KARUNAGAPPALLY DATED 22.10.2019

EXHIBIT P6 A TRUE COPY OF I.A. NO. 3/2020 IN O.S.

NO.25/2015 OF THE SUB COURT, KARUNAGAPPALLY DATED 02.11.2020

RESPONDENTS' EXHIBITS: NIL