Leelamma Mathai vs Mr. P.E. Esow
2021 Latest Caselaw 19581 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                         OP(C) NO. 488 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 479/2015 OF MUNSIFF COURT, PUNALUR,
                                 KOLLAM
PETITIONER/S:

           LEELAMMA MATHAI
           AGED 74 YEARS
           D/O LATE ESOW KUTTY,
           RESIDING AT THADEETHRAYIL HOUSE, NEAR YMCA, KURIYANOOR P
           O, PATHANAMTHITTA DISTRICT, KERALA STATE, PIN-689550.

           BY ADV S.PRAKASH



RESPONDENT/S:

     1     MR. P.E. ESOW
           S/O LATE CHERIYA ESOW KUTTY, RESIDING AT PUTHUCHIRA
           HOUSE, NELLIMOODU, KULATHUPUZHA P O, KULATHUPUZHA
           VILLAGE,
           PUNALUR TALUK, PIN-691310.

     2     MOLLY BABY
           AGED 80 YEARS
           D/O LATE ESOW KUTTY,
           RESIDING AT KORAMKULAM THEKKETHIL, SHALEMPURAM,
           PATHANAPURAM P O, PATHANAPURAM VILLAGE, PIN-689695.

     3     P S ESOW KUTTY
           AGED 64 YEARS
           S/O LATE SKARIA,
           RESIDING AT PUTHUCHIRA HOUSE, KUMARAMKARRIKKAM,
           KULATHUPUZHA P O, KULATHUPUZHA, PUNALUR TALUK, PIN-
           691310.

     4     P S VARTHESE
           AGED 58 YEARS
           S/O LATE SKARIA,
           RESIDINTG AT PUTHUCHIRA HOUSE, KUMARAMKARRIKKAM,
 OP(C) NO. 488 OF 2021
                                2

           KULATHUPUZHA P O, KULATHUPUZHA, PUNALUR TALUK, PIN-
           691310.

     5     PONNAMMA CHERIYAN
           AGED 81 YEARS
           W/O LATE CHERIYAN RESIDING AT PUTHUCHIRA HOUSE, VALIYELA,
           KUMARAMKARRIKKAM , KULATHUPUZHA P O, KULATHUPUZHA
           VILLAGE, PIN-691310.

     6     SUSY CHERIYAN
           AGED 62 YEARS
           D/O LATE CHERIYAN ,
           RESIDING AT PUTHUCHIRA HOUSE, VALIYELA, KULATHUPUZHA P O,
           KULATHUPUZHA VILLAGE, PIN-691310.

     7     SUNNY CHERIYAN
           AGED 56 YEARS
           S/O LATE CHERIYAN ,
           RESIDING AT PUTHUCHIRA HOUSE, VALIYELA, KULATHUPUZHA P O,
           KULATHUPUZHA VILLAGE, PIN-691310.

     8     SHERLY BABU
           AGED 55 YEARS
           D/O LATE CHERIYAN ,
           RESIDING AT PUTHUCHIRA HOUSE, VALIYELA, KULATHUPUZHA P O,
           KULATHUPUZHA VILLAGE, PIN-691310.

     9     SHIBU CHERIYAN
           AGED 52 YEARS
           S/O LATE CHERIYAN ,
           RESIDING AT PUTHUCHIRA HOUSE, VALIYELA, KULATHUPUZHA P O,
           KULATHUPUZHA VILLAGE, PIN-691310.

    10     LEELAMMA JOSEPH
           AGED 78 YEARS
           W/O LATE P E JOSEPH,
           RESIDING AT PUTHUCHIRA HOUSE, 10/474, NCC ROAD,
           PEROORKADA, THIRUVANANTHAPURAM, PIN-695005.

    11     ROY P JOSEPH
           AGED 53 YEARS
 OP(C) NO. 488 OF 2021
                                3

           S/O LATE P E JOSEPH,
           RESIDING AT PUTHUCHIRA HOUSE, 10/474, NCC ROAD,
           PEROORKADA, THIRUVANANTHAPURAM, PIN-695005.

    12     REJOY P JOSEPH
           AGED 53 YEARS
           S/O LATE P E JOSEPH,
           RESIDING AT PUTHUCHIRA HOUSE, 10/474, NCC ROAD,
           PEROORKADA, THIRUVANANTHAPURAM, PIN-695005.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 488 OF 2021
                                   4



                                JUDGMENT

Dated this the 17th day of September, 2021

This original petition is filed seeking expeditious disposal of the

final decree applications in I.A No.603 of 2019 in O.S No.479 of 2015,

on the files of the Munsiff's Court, Punalur. In the report called for by

this court, learned Munsiff has stated that an application for

appointment of Advocate Commissioner along with Surveyor, is

pending consideration. It is reported that service of notice in the

interlocutory application is not completed and timely steps to implead

the legal representatives of the deceased respondents has not taken.

Hence, after the interlocutory application and completing the process

of impleadment, a minimum of six months is required to dispose the

suit. Learned counsel for the petitioner submits that necessary steps

for impleading the legal representatives of the deceased respondent

will be taken forthwith.

In the light of the submission and the report, the original

petition is disposed of directing the Munsiff's Court, Punalur to

dispose of O.S No.479 of 2015, within an outer time limit of six OP(C) NO. 488 OF 2021

months of passing orders on the interlocutory application for

appointment of an Advocate commissioner and impleadment of the

legal representatives of the deceased respondents.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 488 OF 2021

APPENDIX OF OP(C) 488/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PRELIMINARY DECREE DATED 27/11/2018 IN OS NO.479/15 BEFORE THE MUNSIFF COURT PUNALUR.

EXHIBIT P2 TRUE COPY OF THE FINAL DECREE APPLICATION IA NO.603/2019 IN OS NO.479/2015 DATED 08/03/2019.

EXHIBIT P3 TRUE COPY OF THE ADVANCE PETITION IA 1/2021 IN FINAL DECREE APPLICATION OS NO. 479/2015 DATED 22.01.2021.

EXHIBIT P4 TRUE COPY OF THE B -DIARY ISSUED FROM SUB COURT PUNALUR IN AS.34/2019