K.M.Varghese vs K.C.Joseph
2021 Latest Caselaw 12587 Ker

O.P(C).791/2021                       1


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS
      THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
                           OP(C) NO. 791 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN OS 800/2014 OF I ADDITIONAL
                     MUNSIFF COURT,ERNAKULAM, ERNAKULAM


PETITIONERS/PLAINTIFFS:


      1      K.M.VARGHESE, AGED 84 YEARS, S/O. MATHULLA,
             KALARIKKAPARAMBIL HOUSE, CHITHRAPUZHA, IRUMPANAM
             P.O., THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK,
             ERNAKULAM-682 309.

      2      K.M.JOHN, AGED 82 YEARS, S/O.MATHULLA,
             KALARIKKAPARAMBIL HOUSE, CHITHRAPUZHA, IRUMPANAM
             P.O., THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK,
             ERNAKULAM DISTRICT-682 309.

             BY ADV BIJU ABRAHAM



RESPONDENTS/DEFENDANTS:


      1      K.C.JOSEPH, AGED 81 YEARS, S/O. CHANDY,
             KALARIKKAPARAMBIL HOUSE, CHITHRAPUZHA, IRUMPANAM
             P.O., THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK,
             ERNAKULAM DISTRICT-682 309.

      2      C.K.SASI, AGED 47 YEARS, S/O. KRISHNAN, CHERUMUTTATH
             HOUSE, CHITRANJALI JUNCTION, CHITHRAPUZHA, HILL
             PALACE P.O., THIRUVAMKULAM VILLAGE, KANAYANNOOR
             TALUK, ERNAKULAM DISTRICT-682 309.

      3      THE TRIPUNITHURA MUNICIPALITY, REPRESENTED BY ITS
             SECRETARY OFFICE OF THRIPUNITHURA MUNICIPALITY,
 O.P(C).791/2021                      2

             TRIPUNITHURA-682 301.

      4      ANNAMMA JOSEPH, AGED 71 YEARS, W/O. JOSEPH,
             KALARIKKAPRAMBIL HOUSE, CHITHRAPUZHA, IRUMPANAM P.O.,
             THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
             DISTRICT-682 309.


OTHER PRESENT:
           SRI.C.V MANUVILSAN


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(C).791/2021                           3


                               JUDGEMENT

The limited prayer sought by the petitioner herein is for a

direction for an early disposal of O.S.No.800 of 2014. Learned Munsiff,

Ernakulam by his communication addressed to this Court dated

26.04.2021 has informed that the case has been posted for written

statement of defendants 2 and 4 and the case stands posted to

22.06.2021. Court has offered to dispose of the matter within six

months provided the parties shall co-operate with the Court.

2. Having considered the limited prayer sought by the

petitioner, I am inclined to dispose of the original petition itself at the

threshold, after hearing the learned counsel for the petitioner and

Adv.Manuvilsan, learned Standing Counsel for the Municipality and

directed the court below to dispose of O.S.No.800 of 2014 of the

Munsiff Court-II, Ernakulam as expeditiously as possible, at any rate

within a period of six months from the date of lifting of the lock down or

receipt of a copy of this judgment, whichever is later.

Original Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna

APPENDIX OF OP(C) 791/2021

ANNEXURE/EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.NO.800/2014 ON THE FILES OF MUNSIFF'S COURT-II, ERNAKULAM.