In Final Decree I.A.No.2026/2012 ... vs By Adv. Sri.Jeswin P.Varghese
2021 Latest Caselaw 8737 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                    OP(C).No.538 OF 2021

   IN FINAL DECREE I.A.NO.2026/2012 IN O.S.NO.360/2011 OF
             ADDITIONAL SUB COURT, IRINJALAKUDA


PETITIONERS/PETITIONERS IN FINAL DECREE
APPLICATION/PLAINTIFF

      1     JOSE V. O.,
            AGED 55 YEARS,
            S/O. OUSEPH, VADAKKUMCHERY HOUSE, MOOKKANNUR
            POST, ANGAMALY (VIA), ERNAKULAM DISTRICT,
            PIN - 683 577.

      2     ANTU V. D.,
            AGED 51 YEARS,
            S/O. DEVASSY, VADAKKUMCHERY HOUSE, THURAVOOR
            POST, ANGAMALY VIA, ERNAKULAM DISTRICT,
            PIN - 683 572.

            BY ADV. SRI.JESWIN P.VARGHESE

RESPONDENTS/ RESPONDENTS IN FINAL DECREE
APPLICATION/DEFENDANT:

      1     THOMAS,
            AGED 42 YEARS,
            S/O. OUSEPH, ACHINAMBADAN HOUSE,
            THIRUMUDIKKUNNU, KORATTY POST,
            TRICHUR DISTRICT, PIN - 680 308.

      2     LISSY,
            AGED 48 YEARS,
            W/O. LATE DAVIS, MATTEKKADAN HOUSE, KORATTY
            POST, THIRUMUDIKKUNNU, TRICHUR DISTRICT,
            PIN - 680 308.

      3     NAVEEN,
            AGED 23 YEARS,
            S/O. LATE DAVIS, MATTEKKADAN HOUSE,
            KORATTY POST, THIRUMUDIKKUNNU,
            TRICHUR DISTRICT, PIN - 680 308.

      4     NIDHIN,
            AGED 19 YEARS,
 O.P.(C)No.538/2021

                                -:2:-



                 S/O. LATE DAVIS, MATTEKKADAN HOUSE, KORATTY
                 POST, THIRUMUDIKKUNNU, TRICHUR DISTRICT, PIN -
                 680 308.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.538/2021

                                             -:3:-




                      Dated this the 16th day of March,2021

                                  J U D G M E N T

The petitioners in Ext.P3 final decree

application before the Additional Sub Court,

Irinjalakuda, has filed this petition for issue of

direction for speedy disposal of the application

within a time frame to be fixed by this Court.

2. A report was submitted by the learned Sub

Judge and in the report dated 10.03.2021, it is

submitted that an Advocate Commissioner assisted by

Surveyor has to be appointed in the final decree

proceedings and the learned officer will be in a

position to dispose of the matter within a period of

six months after the courts closes for summer

vacation.

In the result, this original petition is allowed

directing the court below to dispose of Ext.P3

application within a period of six months after the

courts closes for summer vacation from the date of

production of certified copy of this judgment.

All pending interlocutory applications will stand O.P.(C)No.538/2021

closed.

Sd/-

                         T.V.ANILKUMAR,JUDGE

DST                                      //True copy/

                                        P.A.To Judge
 O.P.(C)No.538/2021






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1           A TRUE COPY OF THE JUDGMENT IN

O.S.NO.360/2011 PASSED BY ADDL. SUB COURT, IRINJALAKUDA DATED 07.02.2012.

EXHIBIT P2 A TRUE COPY OF THE PRELIMINARY DECREE IN O.S.NO.360/2011 PASSED BY ADDL. SUB COURT, IRINJALAKUDA DATED 07.02.2012.

EXHIBIT P3 A TRUE COPY OF FINAL DECREE I.A.NO.2026/2012 IN O.S.NO.3/2014 PENDING ON THE FILES OF ADDL. SUB COURT, IRINJALAKUDA DATED 31.05.2012.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN O.S.NO.312/2008 PASSED BY ADDL. SUB COURT, IRINJALAKUDA DATED 25.11.2008.

RESPONDENTS' EXHIBITS: NIL