Kerala High Court
Mary Rose vs Chidambaran on 22 December, 2022
1
OP(C) No.2319 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
OP(C) NO. 2319 OF 2022
AGAINST THE ORDER/JUDGMENT IN IA NOS. 5 AND 6 OF 2022 IN OS
132/2022 OF MUNSIFF COURT-I , KOCHI
PETITIONER/S:
1 MARY ROSE,AGED 65 YEARS,W/ O PLASSY JOY,
H.NO.16/760,KOMOROTH,THOPPUMPADY,COSY COTTAGE,COCHIN,
ERNAKULAM, PIN - 682005
2 JOY PLACY, AGED 70
YEARS,H.NO.16/760,KOMOROTH,THOPPUMPADY
COSY COTTAGE,COCHIN, ERNAKULAM
, PIN - 682005
BY ADV P.K.PAMALA
RESPONDENT/S:
1 CHIDAMBARAN ,AGED 65 YEARS,S/O PADMANABHAN,
CHOOTHAM,PARAMBIL, KARTHEDAM,ERNAKULAM DISTRICT
, PIN - 682511
2 AJI,AGED 50 YEARS,S/O PURUSHAN,
CHOOTHAM,PARAMBIL, KARTHEDAM,ERNAKULAM DISTRICT
, PIN - 682511
3 JOY,AGED 57 YEARS,S/O INAFFI
MATHIRAPALLY, KARTHEDAM, ERNAKULAM DISTRICT,
, PIN - 682511
4 JOHN BRITTO @ BABU ,AGED 60 YEARS,
S/O ANTONY, OLIPARAMBIL KARTHEDAM,
ERNAKULAM DISTRICT, PIN - 682511
5 JOSEPH POOPPADY,AGED 71 YEARS
KARUTHEDAM, MALIPPURAM P.O , PIN - 682511
6 XAVIER LONAPPAN,AGED 45 YEARS,
NADEEKUNNATH ,KARUTHEDAM MALIPPURAM P.O, PIN - 682511
7 MIMI,AGED 45 YEARS,W/O GEORGE BERRY,KOITHARA ,
KARTHEDAM , MALIPPURAM,
, PIN - 682511
BY ADVS.
ANTONY MUKKATH
REGI MATHEW(K/1132/2020)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(C) No.2319 of 2022
C.S DIAS,J.
---------------------------
OP(C) No.2319 of 2022
-----------------------------
Dated this the 22nd day of December, 2022.
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff-I, Kochi, to consider and dispose of IA
No.5/2022 (Ext P8) and IA No.6/2022 (Ext P9) filed in
OS No.132/2022 within a time frame.
2. The petitioners' case is that, despite filing the
above applications, as early as on 13.6.2022, the court
below has not considering the applications. Hence the
original petition.
3. The respondents have filed a counter affidavit
opposing the prayer in the original petition. The
respondents have contended that the petitioners had
filed IA Nos.5 and 6 of 2022 on 13.6.2022, seeking an
identical relief as in Exts P8 and P9 applications. The
applications were being adjourned from time to time
and now the suit stands posted to 3.1.2023. The
OP(C) No.2319 of 2022
applications were not considered by the court below
only due to the latches on the part of the petitioners.
Hence the original petition may be dismissed.
4. When the original petition came up for
consideration on 28.11.2022, this Court had called for a
report from the court below to ascertain the status and
position of the above applications. The learned Munsiff,
by communication dated 29.11.2022 has informed this
Court that IA No.5/2022 is filed for permitting the
petitioners to construct a temporary fencing and IA
No.6/2022 is filed to take out a local inspection. The
respondents have filed their counter affidavit to the
above applications. The court below would make every
endeavour to dispose of the applications within one
month.
5. Heard; Sri.P.K Pamala, the learned counsel
appearing for the petitioners and Sri.Antony Mukkath,
the learned counsel appearing for the respondents.
6. In the light of the pleadings and materials on
record, and taking note of the fact that Exts P8 and P9
OP(C) No.2319 of 2022
applications are pending consideration from 13.6.2022
and the respondents have filed their counter affidavits
to the above applications, and also taking note of the
communication of the learned Munsiff, in exercise of
the supervisory powers of this Court under Article 227
of the Constitution of India, I direct the Court of the
Munsiff-I, Kochi, to consider and dispose of Exts P8 and
P9 applications, 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/-
Sks/22.12.2022 C.S.DIAS, JUDGE
OP(C) No.2319 of 2022
APPENDIX OF OP(C) 2319/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PARTITION DEED NO.122 OF
2007 DATED 11.01.2007 OF NARAKKAL SRO.
Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT DATED
3.06.2017 OF ELANGUNNAPUZHA GRAMA PANCHAYAT.
Exhibit P3 A TRUE COPY OF THE PHOTOGRAPH BEFORE AND AFTER
THE CONSTRUCTION OF PATHWAY.
Exhibit P4 A TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH
COURT OF KERALA IN WP( C ) 17389 OF 2021 DATED
17.09.2021
Exhibit P5 A TRUE COPY SKETCH ISSUED BY THE TALUK
SURVEYOR DATED 15.02.2022.
Exhibit P6 A TRUE COPY OF THE PLAINT IN O.S NO. 132 OF
2022 BEFORE THE HON'BLE MUNSIFF COURT-I, KOCHI
DATED 5.04.2022
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN I.A. 2 OF
2022 IN 0.S,132 OF 2022 DATED 13.04.2022 OF
THE HON'BLE MUNSIFF COURT-I, KOCHI
Exhibit P8 A TRUE COPY OF THE INTERIM APPLICATION I.A NO.
5 OF 2022 IN O.S. 132 OF 2022 BEFORE THE
HON'BLE MUNSIFF COURT-I, KOCHI SEEKING FOR
PERMISSION TO CONSTRUCT A TEMPORARY FENCING
AROUND THE BOUNDARY OF THE PETITONERS DATED
14.06.2022
Exhibit P9 A TRUE COPY OF THE INTERIM APPLICATION I.A NO.
6 OF 2022 IN O.S. 132 OF 2022 BEFORE THE
HON'BLE MUNSIFF COURT- I, SEEKING FOR
APPOINTMENT OF ADVOCATE COMMISSIONER DATED
14,06.2022
Exhibit P10 A TRUE COPY OF THE COMMISSION REPORT FILED BY
THE ADVOCATE COMMISSIONER DATED 8.06.2022
BEFORE THE MUNSIFFS COURT-1KOCHI.
Exhibit P11 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE TIN
SHEET FENCING CONSTRUCTED ON THE NORTHERN
BOUNDARY OF THE PROPERTY
Exhibit P12 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS IN I.A. 5 OF 2022 IN O.S 132
OF 2022 DATED 11.10.2022 BEFORE THE MUNSIFFS
COURT I, KOCHI.
Exhibit P13 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS IN I.A. 6 OF 2022 IN O.S 132
OF 2022 DATED 11.10.2022 BEFORE THE MUNSIFFS
COURT I, KOCHI.
