P.C. Thankamma vs Karthyani
2021 Latest Caselaw 23653 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
       Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943

                          OP(C) NO. 2273 OF 2021


          OS 1559/2016 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM.

PETITIONER/ PLAINTIFF:

     P.C. THANKAMMA, AGED 60 YEARS, W/O.LATE AYYAPPAN, KOOTTUPARAMBIL
     HOUSE, KADUNGAMANGALAM, KUREEKKAD VILLAGE, KANAYANNOOR TALUK,
     ERNAKULAM.

RESPONDENTS/ DEFENDANTS 1, 3 & 4:

  1. KARTHYANI, AGED 85 YEARS, W/O.LATE GOPALAN, KOOTTUPARAMBIL HOUSE,
     KADUNGAMANGALAM, KUREEKKAD VILLAGE, KANAYANNOOR TALUK, ERNAKULAM-682
     305.
  2. OMANA THANKAPPAN, AGED 62 YEARS, W/O.THANKAPPAN, KOOTTUPARAMBIL
     HOUSE, KADUNGAMANGALAM, KUREEKKAD VILLAGE, KANAYANNOOR TALUK,
     ERNAKULAM-682 305.
  3. K.P.GOPI, AGED 71 YEARS, S/O.PADMANABHAN, KOOTTUPARAMBIL HOUSE,
     KADUNGAMANGALAM, KUREEKKAD VILLAGE, KANAYANNOOR TALUK, ERNAKULAM-682
     305


     OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
the final hearing and passing of decree and judgment in the suit, O.S No.
1559/2016 pending the 1st Additional Munsiff, Ernakulam till the disposal
of this Original Petition, in the interest of justice.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S P.M.JOSHI & SIJI K.PAUL, Advocates for the petitioner, the court
passed the following:


                                                                       [PTO]
                                      V.G.ARUN (J)
                                  ----------------------
                             O.P.(C) No.2273 of 2021
                         ------------------------------------
                     Dated this the 30th day of November, 2021
                                       ORDER

Issue notice on admission to the respondents through

speed post. Alternatively, the petitioners are permitted to

serve notice on the Counsel appearing for the respondents in

the trial court and to file a memo regarding such service.

2. It is submitted that the petitioners have applied for

certified copy of the order in I.A.No.3 of 2021 in O.S.No.1559

of 2016, by which the petitioners application for amendment

has been dismissed. The First Additional Munsiff Court,

Ernakulam shall issue copy of the order to the petitioners

within two weeks, provided the copy application is in order.

Further proceedings in O.S.No.1559 of 2016 of the

Munsiff Court, Ernakulam shall stand deferred by three

weeks.

Post on 12.12.2021.

Sd/- V.G.ARUN JUDGE RK

30-11-2021 /True Copy/ Assistant Registrar