Philomina vs Radhamony
2022 Latest Caselaw 9264 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       OP(C) NO. 1326 OF 2022
      OS 1147/2003 OF II ADDITIONAL MUNSIFF COURT,TRIVANDRUM
PETITIONER:

          PHILOMINA, W/O VARKEY PANJIKKARAN CALLED AS VAKKACHAN,
          AGED 68 YEARS
          PANJIKKARAN HOUSE, KAZHAKKOOTTAM, MEENAMKULAM VILLAGE,
          THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,
          PIN-695582


          BY ADV T.V.GEORGE



RESPONDENT:

          RADHAMONY
          AGED 66 YEARS
          W/O. BALACHANDRAN NAIR, KOCHUVEEDU, KAZHAKKOOTTAM,
          MEENAMKULAM VILLAGE, THIRUVANANTHAPURAM TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695582.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1326 OF 2022                2



                Dated this the 10th day of August, 2022

                               JUDGMENT

The original petition is filed to direct the Court of

the Additional Munsiff-II, Thiruvananthapuram, to

consider and dispose of O.S. No.1147/2003, within a time

frame.

2. Pursuant to the order dated 25.07.2022 passed by

this Court, the learned Additional Munsiff-II,

Thiruvananthapuram, by communication dated

29.07.2022, has informed this Court that the suit stands

posted for final hearing on today. The learned Munsiff

would make every endeavour to dispose of the suit within

one month.

3. Heard the learned the counsel appearing for the

petitioner. Even though notice has been served on the

respondent by special messenger, there is no appearance

for her.

4. In the light of the pleadings and materials on

record, and after perusing the communication of the

learned Additional Munsiff-II, in exercise of the

supervisory powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the Additional

Munsiff-II, Thiruvananthapuram, to consider and dispose

of O.S. No.1147/2003, in accordance with law, as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a certified copy of

the judgment.

The original petition is ordered accordingly.

SD/-

C.S.DIAS, JUDGE

rmm10/08/2022

APPENDIX OF OP(C) 1326/2022

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF COMMISSION APPLICATION AS I.A NO: 3/2021 IN O.S NO: 1147/2003 DTD 24.2.2021 BEFORE THE MUNSIFF COURT, TRIVANDRUM

Exhibit2 TRUE COPY OF DISMISSAL ORDER IN I.A NO:

3/2021 IN O.S NO: 1147/2003 DATED 29.3.2021 PASSED BY THE ADDL. MUNSIFF II, TRIVANDRUM

Exhibit3 TRUE COPY OF REVIEW PETITION AS I.A NO:

4/2021 IN O.S NO: 1147/2003 DATED 2.8.2021 FILED BY THE DEFENDANT BEFORE THE IIND ADDL.MUNSIFF COURT, TRIVANDRUM

Exhibit4 TRUE COPY OF DISMISSAL ORDER DATED 10.8.2021 IN IA NO: 4/2021 IN O.S NO: 1147/2003 PASSED BY THE ADDL. MUNSIFF COURT II, TRIVANDRUM

Exhibit5 TRUE COPY OF APPLICATION AS I.A NO: 5/2021 IN O.S NO: 1147/2003 DATED 12.8.2021 BEFORE THE MUNSIFF COURT, TRIVANDRUM

Exhibit6 TRUE COPY OF REVIEW PETITION AS I.A NO:

6/2022 IN O.S NO: 1147/2003 DATED 14.2.2022 BEFORE THE ADDL. MUNSIFF COURT , TRIVANDRUM

Exhibit7 TRUE COPY OF DISMISSAL ORDER DATED 28.3.2022 IN I.A NO: 6/2022 IN O.S NO: 1147/2003 PASSED BY THE ADDL. MUNSIFF COURT II , TRIVANDRUM

Exhibit8 TRUE COPY OF AFFIDAVIT AND PETITION OF RESPONDENT -DEFENDANT AS I.A NO: 7/2022 IN O.S NO: 1147/2003 DATED 4.3.2022 BEFORE THE MUNSIFF COURT, TRIVANDRUM

Exhibit9 TRUE COPY OF OBJECTION FILED BY THE PETITIONER / PLAINTIFF DTD 20.5.2022 AS IA NO: 7/22 IN O.S NO: 1147/2003 BEFORE THE MUNSIFF COURT, TRIVANDRUM