Unknown vs By Advs.Sri.R.Lakshmi Narayan
2021 Latest Caselaw 9990 Ker

          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.2001 OF 2020

   IN O.S.NO.1040/2009 OF PRINCIPAL SUB COURT,TRIVANDRUM


PETITIONER/3RD PLAINTIFF IN O.S.

            K.M.MOHAN,
            AGED 70 YEARS,
            S/O.LATE K.J.MATHEW, NOW RESIDING AT 'SUNNY
            ESTATE', MAMANGALAM, KOCHI 25.

            BY ADVS.SRI.R.LAKSHMI NARAYAN
                    SMT.R.RANJANIE

RESPONDENTS/ PLAINTIFFS 1,2 AND 4 TO 10 & DEFENDANTS 1 &2 IN
O.S.

      1     METILDA @ AMMINI KUTTAPPAN,
            D/O.LATE K.J.MATHEW, AGED 73 YEARS,
            FLAT NO.C-419, DEVIKRIPA, SWATHY NAGAR,
            FORT P.O., THIRUVANANTHAPURAM 695 001

      2     K.M.BABU,
            AGED 71 YEARS,
            S/O.LATE K.J.MATHEW, T.C.4/1434,
            VALLAVILA VEEDU, KURAVANKONAM,
            THIRUVANANTHAPURAM 695 003

      3     GEETHA MATHEW,
            AGED 67 YEARS,
            D/O.LAE K.J.MATHEW, T.C.4/1407, KURAVANKONAM,
            KOWDIAR P.O., THIRUVANANTHAPURAM 695 003

      4     SMT. MARGET MATHEW,
            AGED 61 YEARS,
            D/O.LATE K.J.MATHEW, EDAMAN HOUSE,
            ERANJAL ROAD, MUTTAMBALAM P.O.,
            KOTTAYAM 686 002

      5     SMT. STELLA MATHEW,
            T.C. 4/1407, KURAVANKONAM, KOWDIAR P.O.,
            THIRUVANANTHAPURAM 695 003

      6     BOBAN MATHEW,
            AGED 59 YEARS,
 O.P.(C)No.2001/2020

                                -:2:-



                 S/O.LATE K.J.MATHEW, AMARTHARA HOUSE,
                 KANAKA NAGAR, NANTHANCODE P.O.,
                 THIRUVANANTHAPURAM

        7        SHRI. SHIBU XIAN,
                 AGED 41 YEARS,
                 S/O.LATE SUMATHY VARGHESE, RESIDING AT SHEEBA
                 NIVAS, CHERUVILAKOM, MATHIRA VILLA,
                 KOWDIAR P.O., THIRUVANANTHAPURAM 695 003

        8        SMT.SHEELA S.REGHU,
                 X'IAN,AGED 39 YEARS,
                 D/O.LATE SUMATHY VARGHESE,
                 RESIDING AT SHEEBA NIVAS, CHERUVILAKOM,
                 MATHIRA VILLA, KOWDIAR P.O.,
                 THIRUVANANTHAPURAM 695 003

        9        SMT.SHEEBA S.,
                 X'IAN, AGED 37 YEARS, D/O.LATE SUMATHY
                 VARTHESE, RESIDING AT SHEEBA NIVAS,
                 CHERUVILAKOM, MATHIRA VILLA,
                 KOWDIAR P.O, THIRUVANANTHAPURAM 695 003

        10       K.M.RAJAN X'IAN,
                 AGED 65 YEARS,
                 LATE K.J.MATHEW, RESIDING AT T.C.4/1434,
                 VALLAVILA VEEDU, KURAVANKONAM,
                 THIRUVANANTHAPURAM 695 003

        11       LILLY MATHEW X'IAN,
                 AGED 78 YEARS,
                 LATE K.J.MATHEW, RESIDING AT T.C.4/2067,
                 MUDAKATHIL, KURAVANKONAM, THIRUVANANTHAPURAM
                 695 003


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.2001/2020

                                        -:3:-




                      Dated this the 24th day of March,2021

                               J U D G M E N T

The petitioner is one of the applicants in

the final decree proceedings in O.S.No.1040/2009

on the file of Principal Sub Judge,

Thiruvananthapuram. The request made in this

original petition is for issue of direction to the

court below to take up final decree proceedings

and finally dispose it of 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 12.01.2021, it is

stated that final decree plan was already

submitted before court; but the same requires some

corrections and further parties may file

objections to the report and plan. According to

the court below, if the parties co-operate, the

matter could be disposed of within a period of six

months.

3. The learned counsel for the petitioner

submits that some of the parties are senior

citizens and therefore, the court below may be

called upon to dispose of the matter at an early O.P.(C)No.2001/2020

date than suggested in the report.

4. Considering the submission made, it will

only be fair for the court below, if it takes up

the matter and finally disposes of the proceedings

within a period of four months.

In the result, original petition is allowed

calling upon the learned officer to finally

dispose of the matter within a period of four

months from the date of production of 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.2001/2020






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1            PHOTOCOPY OF PLAINT O.S.NO.1040/2009 ON

THE FILE OF THE COURT OF PRINCIPAL SUB JUDGE, THIRUVANANTHPURAM

EXHIBIT P2 PHOTOCOPY OF JUDGMENT DATED 25.02.2012 IN O.S.NO.1040/2009 ON THE FILE OF THE COURT OF PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM

EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT DATED 22.11.2012 IN RFA NO.854/2012

EXHIBIT P4 PHOTOCOPY OF THE FINAL DECREE APPLICATION IN I.A.NO.7446/2012 IN O.S.NO.1040/2009

EXHIBIT P5 PHOTOCOPY OF COMMISSION REPORT DATED 7.11.2012 IN OS.NO.1040/2009

EXHIBIT P6 PHOTOCOPY OF APPLICATION I.A.NO.1/2019 DATED 1.11.2019, FILED IN O.S.NO.1040 OF 2009

EXHIBIT P7 PHOTOCOPY OF THE DETAILS OF EXT.P-4 APPLICATION, PENDING ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM

RESPONDENTS' EXHIBITS: NIL