Renuka vs Radhamani
2022 Latest Caselaw 7206 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                      OP(C) NO. 951 OF 2022

IN I.A.NO.1/2020 IN I.A.NO.2253/2015 IN E.P.NO.40/2015 IN OS
            NO.182/2001 OF MUNSIFF COURT,ATTINGAL
PETITIONER/ RESPONDENT/ COUNTER PETITIONER/ DECREE HOLDER/
PLAINTIFF:

         RENUKA,
         AGED 50 YEARS,
         DAUGHTER OF DEVAKI,
         MELEVILA VEEDU, KODUMON, ATTINGAL DESOM,
         ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT
         FROM VATTAVILA VEEDU, PANAYARA DESOM,
         CHEMMARUTHI VILLAGE,
         THIRUVANANTHAPURAM DISTRICT,
         PIN - 695146

         BY ADV M.DINESH


RESPONDENTS/ PETITIONERS 2 TO 4/ PETITIONERS 2 TO 4/
JUDGMENT DEBTORS 2 TO 4/ DEFENDANTS 2 TO 4:

    1    RADHAMANI,
         AGED 47 YEARS,
         WIFE OF SHANMUKHAN AND DAUGHTER OF
         LATE CHELLAMMA,
         KODUMON MELEVILA VEETTIL,
         ATTINGAL VILLAGE,
         THIRUVANANTHAPURAM DISTRICT,
         NOW RESIDING AT THEKKE KANJIRAMVILA VEEDU,
         MUTTAPPALAM,
         PERUMGUZHI DESOM,
         AZHOOR VILLAGE,
         THIRUVANANTHAPURAM DISTRICT,
         PIN - 695305

    2    RAGINI,
         AGED 32 YEARS,
         WIFE OF SATHYASEELAN AND DAUGHTER OF
         LATE CHELLAMMA,
         KODUMON MELEVILA VEETTIL,
 O.P.(C)No.951/2022

                                -:2:-




              ATTINGAL VILLAGE,
              THIRUVANANTHAPURAM DISTRICT,
              NOW RESIDING AT KOKKIVILA VEEDU,
              NILACKAMUKKU,
              KADAKKAVOOR DESOM,
              KADAKKAVOOR VILLAGE,
              THIRUVANANTHAPURAM DISTRICT,
              PIN - 695309

      3       RAJENDRAN ACHARI,
              AGED 82 YEARS,
              SON OF THANAVAN ACHARI,
              KODUMON MELEVILA VEETTIL, ATTINGAL VILLAGE,
              THIRUVANANTHAPURAM DISTRICT,
              NOW RESIDING AT P.K. BHAVAN,
              KODUMON, ATTINGAL DESOM,
              ATTINGAL VILLAGE,
              THIRUVANANTHAPURAM DISTRICT,
              PIN - 695101



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.951/2022

                                     -:3:-




                     Dated this the 23rd day of June,2022

                            JUDGMENT

The original petition is filed, to direct the Court of

the Munsiff, Attingal, to consider and dispose of

I.A.No.1/2020 in I.A.No.2253/2015 in E.P.No.40/2015

in O.S.No.182/2001(Ext.P5) within a time frame.

2. Pursuant to the orders passed by this Court

on 07.06.2022, the learned Munsiff, Attingal, has by

communication dated 14.06.2022, informed this Court

that the original defendant died. His legal

representatives have been impleaded on record. They

have sought time to file their objections to the above

application. The case now stands posted for filing of

their objections. The application can be disposed of

within three months from the date of communication.

3. Heard; Sri. M. Dinesh, the learned counsel

appearing for the petitioner. Even though notice was

served on the learned counsel appearing for the O.P.(C)No.951/2022

respondents before the court below, there is no

appearance for them.

4. In the light of the pleadings and materials on

record and the above-mentioned communication, in

exercise of the supervisory jurisdiction of this Court as

enshrined under Article 227 of the Constitution of

India, I direct the Court of the Munsiff, Attingal, to

consider and dispose of the above-mentioned

application, in accordance with law, as expeditiously as

possible, at any rate, within a period of three months

from the date of receipt of a certified copy of this

judgment.

The original petition is ordered accordingly.

Sd/-

                                         C.S.DIAS,JUDGE

DST/23.06.22                                              //True copy/

                                                          P.A.To Judge
 O.P.(C)No.951/2022






                           APPENDIX

PETITIONER EXHIBITS
EXHIBIT P1         TRUE COPY OF THE JUDGMENT IN O.S.

NO.356/2000 DATED 27.11.2004 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.S.

NO.182/2001 ON THE FILE OF THE MUNSIFF COURT DATED 17.5.2005

EXHIBIT P3 TRUE COPY OF THE E.P. NO.40/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 6.8.2015

EXHIBIT P4 TRUE COPY OF THE ORDER IN I.A.

NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 29.8.2017

EXHIBIT P5 TRUE COPY OF THE I.A. NO.1/2020 IN I.A.

NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 17.1.2020

EXHIBIT P6 TRUE COPY OF THE OBJECTION IN I.A.

NO.1/2020 IN I.A. NO.2253/2015 IN O.S. NO.182/2001 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 8.12.2021

EXHIBIT P7 TRUE COPY OF THE PLAINT IN O.S.

NO.54/2021 ON THE FILE OF MUNSIFF COURT, ATTINGAL DATED 25.1.2021

EXHIBIT P8 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.54/2021 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL DATED 9.9.2021

RESPONDENTS' EXHIBITS: NIL