Kerala High Court
K.V.Thankachan vs K.V.Varghese on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
OP(C).No.590 OF 2021
OS 22/2018 OF MUNSIFF COURT, PUNALUR
PETITIONER/PLAINTIFF:
K.V.THANKACHAN, AGED 76 YEARS
S/O. K.C. VARGHESE, T.C. 6/136, KARINGATU HOUSE,
PRASANTH NAGAR, MEDICAL COLLEGE P.O,
CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM-695 011
BY ADVS.
SRI.SUBHASH CYRIAC
SMTSHEEBA JOSEPH
SRI.S.SREEJITH (S-3453)
RESPONDENTS/DEFENDANTS:
1 K.V.VARGHESE, AGED 79 YEARS
S/O. K.C. VARGHESE, V.V. PUTHEN VEEDU,
VALIYELA, KULATHUPPUZHA, PUNALUR TALUK,
KOLLAM DISTRICT, PIN-691 310
2 GEORGE VARGHESE, AGED 60 YEARS
S/O. K.C. VARGHESE, V.V. PUTHEN VEEDU, VALIYELA,
KULATHUPPUZHA, PUNALUR TALUK,
KOLLAM DISTRICT, PIN-691 310
3 ANNIE RAJAN, AGED 77 YEARS,
W/O. RAJAN, KARINGOTTU BRITANIA,
OPP. CHRIST RAJ HIGH SCHOOL, PATTATHANAM,
KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 021
4 MANOJ, AGED 51 YEARS
S/O. K.V. RAJAN, KARINGOTTU BRITANIA,
OPP. CHRIST RAJ HIGH SCHOOL, PATTATHANAM,
KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 021
5 MANJU, AGED 47 YEARS
D/O. K.V. RAJAN, KARINGOTTU BRITANIA,
OPP. CHRIST RAJ HIGH SCHOOL, PATTATHANAM,
KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 021.
OP(C).No.590 OF 2021
2
6 RAICHEL BABU @ KUNJUMOL BABU, AGED 71 YEARS
W/O. K.V. BABU, KARINGOTTU VEEDU,
NEAR BLUE MOON APARTMENTS, KUNJAN BAVA ROAD,
PONNURUNNI, VYTTILA COCHIN 682 019.
7 SUJITH V BABU, AGED 47 YEARS,
S/O. K.V. BABU, KARINGOTTU VEEDU,
NEAR BLUE MOON APARTMENTS, KUNJAN BAVA ROAD,
PONNURUNNI, VYTILA, COCHIN 682 019.
8 SUNIL BABU, AGED 39 YEARS
S/O. K.V. BABU, KARINGOTTU VEEDU,
NEAR BLUE MOON APARTMENTS, KUNJAN BAVA ROAD,
PONNURUNNI, VYTILA COCHIN 682 019.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.590 OF 2021
3
JUDGMENT
The petitioner herein is the plaintiff in O.S.No.22/2018 on the file of
Munsiff Court, Punalur. He is a senior citizen and seeks a direction
to be issued to the court below for speedy disposal 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 report dated
16.03.2021, it is stated that the petitioner has not yet filed replication
in answer to the written statement filed by the defendant in the suit.
3. The learned counsel for the petitioner submits that the replication was
already filed and he is prepared to complete the pre-trial steps at an
early date. The court below has sought for eight months time for
final disposal of the suit. Considering all these aspects, I am of the
opinion that a direction for speedy disposal shall be issued to the
court below.
4. In the result, this original petition is disposed of calling upon the
court below to take up O.S.No.22/2018 for urgent consideration and
dispose it of within a period of eight months from the date of receipt
of a certified copy of this judgment.
Sd/-
T.V.ANILKUMAR, JUDGE
AMV/24/03/2021
OP(C).No.590 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO. 22/2018
BEFORE THE MUNSIFF'S COURT, PUNALUR.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
RESPONDENT NOS. 6 TO 8 IN O.S. NO. 22/2018
BEFORE THE MUNSIFF'S COURT, PUNALUR.
EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
22.03.2019 ISSUED FROM COSMOPOLITAN
HOSPITAL,THIRUVANANTHAPURAM IN FAVOUR OF
THE PETITIONER.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
