Shiya vs Joseph
2022 Latest Caselaw 1641 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          OP(C) NO. 301 OF 2022
 AGAINST THE ORDER/JUDGMENT IN OS 155/2013 OF PRINCIPAL MUNSIFF COURT ,
                                  KOCHI
PETITIONER/DEFENDANTS:

     1      SHIYA
            AGED 34 YEARS
            DAUGHTER OF JOSHI ,VALLOM PARAMBIL HOUSE,
            KUMBALANGHY VILLAGE, KOCHI, ERNAKULAM
            PIN - 682007
     2      SHIMI
            AGED 31 YEARS
            DAUGHTER OF JOSHI, VALLOMPARAMBIL HOUSE,
            KUNBALANGHY VILLAGE, KOCHI,
            ERNAKULAM, PIN - 682007
            BY ADVS.
            K.I.SAGEER
            SANDHYA K.C.


RESPONDENT/PLAINTIFF:

            JOSEPH
            AGED 86 YEARS
            LATE KAKKO, KANNANKERIL HOUSE,
            KUMBALANGHY, KOCHI, ERNAKULAM
            PIN - 682007

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 301 OF 2022
                                2


                          JUDGMENT

Dated this the 15th day of February, 2022

This Original Petition has been filed by the petitioners

who are the defendants in O.S.No.155/2013 pending before

the Principal Munsiff Court, Kochi, seeking early disposal of

O.S.No.155/2013.

2. Heard.

3. It appears that a suit of the year 2013 directed to

be disposed of by this Court as well as the Apex Court as part

of reduction of 5 plus old pendency, is directed to be disposed

of in this Original Petition. Therefore, notice to the other side

is dispensed with.

4. In the result, this Original Petition is allowed.

Therefore, there shall be a direction to the learned Munsiff,

Kochi to dispose of O.S.No.155/2013 at the earliest, at any

rate, within a period of three months from the date of receipt

of production of a copy of this judgment. OP(C) NO. 301 OF 2022

Registry is directed to forward a copy of this judgment

to the court below concerned, within seven days, for

compliance and information.

Sd/-

A. BADHARUDEEN JUDGE

nkr OP(C) NO. 301 OF 2022

APPENDIX OF OP(C) 301/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF HE PLAINT IN O.S. NO 155/2013 ON THE FILES OF THE HON'BLE MUNSIFF"S COURT, KOCHI DATED 27-05-2013 Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM FILED BY THE DEFENDANTS IN O.S. NO 155/2013 ON THE FILES OF THE HON'BLE MUNSIFF"S COURT ,KOCHI DATED 23-08-

Exhibit-P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN EXT.P2 COUNTER CLAIM DATED 20-11-2014 Exhibit-P4 TRUE COPY OF I.A. NO. 1/2020 DATED 2-6-2020 FILED BY THE RESPONDENT Exhibit-P5 TRUE COPY OF I.A. NO. 2/2020 DATED 10-11-

2020 FILED BY THE RESPONDENT Exhibit-P6 TRUE COPY OF I.A. NO. 3/2020 DATED 6-1-2021 FILED BY THE RESPONDENT Exhibit-P7 TRUE COPY OF I.A. NO. 4/2021 DATED 3-3-2021 FILED BY THE RESPONDENT Exhibit-P8 TRUE COPY OF I.A. NO. 5/2021 DATED 6-7-2021 FILED BY THE RESPONDENT Exhibit-P9 TRUE COPY OF I.A. NO. 6/2021 DATED 6-9-2021 FILED BY THE RESPONDENT Exhibit-P10 TRUE COPY OF I.A. NO. 7/2021 DATED 1-12-

2021 FILED BY THE RESPONDENT Exhibit-P11 TRUE COPY OF I.A. NO. 8/2022 DATED 10-1-

2022 FILED BY THE RESPONDENT Exhibit-P12 TRUE COPY OF THE CASE STATUS OF EXT.P1 SUIT DOWNLOADED FROM THE E-COURT