Chinnamma vs Rajamma Mathew
2022 Latest Caselaw 58 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                        OP(C) NO. 2388 OF 2021
AGAINST THE ORDER IN IA 1/2021 IN OS 102/2017 OF MUNSIFF
                          COURT, PERUMBAVOOR
PETITIONER/PLAINTIFF IN THE SUIT:

               CHINNAMMA, AGED 63 YEARS,
               W/O. KUNJAVARACHAN E.K.,
               KURISINKAL (ALSO KNOWN AS ENADHIKKAL) HOUSE,
               KURICHILAKODE, KODANAD P.O., KUNNATHUNAD TALUK,
               KUTTICHILAKODE KARA, KODANAD VILLAGE,
               ERNAKULAM DISTRICT-683544.

               BY ADVS.
               JOLLY JOHN
               LIZA MEGHAN CYRIAC
               IRENE BABU

RESPONDENTS/DEFENDANTS IN THE SUIT:

    1          RAJAMMA MATHEW, W/O. MATHEW,
               D/O.KUTTIYAMMA ALIAS E. ROSE, AGED 81,
               HAVING ADDRESS AT THAYIL HOUSE, URDOOR P.O.,
               MULLERIYA (VIA), ADOOR VILLAGE,
               KASARAGODE TALUK, KASARAGOD DISTRICT,
               PRESENTLY RESIDING AT C/O.GEORGE M.P.,
               ANJALI BHAVAN, GOURIYADKA, MOVVAR P.O.,
               MULLRIA (VIA), KARABKA VILLAGE, KASARAGOD TALUK,
               KASARAGOD-671 543.

    2          GEORGE KUTTY, AGED 75 YEARS, ENATHIKAL HOUSE,
               OLESSA P.O., CHENGALAM VILLAGE, KOTTAYAM TALUK,
               KOTTAYAM DISTRICT-686 014.


        THIS    OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
03.01.2022,       THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No.2388 of 2021

                               2

                          JUDGMENT

This Original Petition has been filed

when the relief sought for by the

petitioner/plaintiff to adjourn the suit in

the list, has been declined by the court below

as per Ext.P9 order.

2. Though interim order of stay was

passed and direction was given to the

petitioner to take steps to issue notice to

respondents, no steps taken as per the report

appended by the Registry.

3. However, I am inclined to address the

grievance of the petitioner after dispensing

notice to the respondents, in a case, where

the plaintiff seeks two months' time to adduce

evidence in this matter.

Accordingly, this petition is allowed.

The learned Munsiff, Perumbavoor is directed

to adjourn the case till 20.02.2022 and list

the case thereafter facilitating the O.P.(C).No.2388 of 2021

petitioner/plaintiff to adduce evidence and

proceed with the trial.

Sd/-

A.BADHARUDEEN, JUDGE.

ww O.P.(C).No.2388 of 2021

APPENDIX OF OP(C) 2388/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY MAR BASELIOS MEDICAL MISSION HOSPITAL DATED 09/02/2017.

EXHIBIT P2 THE TRUE COPY OF THE TALUK LEVEL MEDICAL BOARD CERTIFICATE DATED 15/02/2017.

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY MAR BASELIOS MEDICAL MISSION HOSPITAL DATED 07/06/2017.

EXHIBIT P4 THE TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO.7201 ISSUED BY THE KOOVAPADI GRAMA PANCYATH DATED 29/09/2016.

EXHIBIT P5 THE TRUE COPY OF THE RATION CARD NO.

1738049067.

EXHIBIT P6 A TRUE COPY OF THE PLAINT IN OS 102/2017 DATED 07/03/2017.

EXHIBIT P7 A TRUE COPY OF THE PLAINT IN OS 102/2017 DATED 07/03/2017.

EXHIBIT P8 THE TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER IN O.S 102/2017 DATED 20/03/2017.

EXHIBIT P9 THE TRUE COPIES OF THE PHOTOGRAPHS PRODUCED BY THE ADVOCATE COMMISSIONER ALONG WITH THE REPORT.

EXHIBIT P10 THE TRUE COPY OF IA 1/2021 DATED 02/12/2021 FILED BY THE PETITIONER IN OS 102/2021.