Reena. K. Thomas vs Rajesh K Thomas
2022 Latest Caselaw 2922 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                           OP(C) NO. 2234 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 233/2019 OF MUNSIFF COURT, THIRUVALLA
PETITIONERS/PETITIONERS:

     1       REENA. K. THOMAS
             WIFE OF SHAJI NINAN,
             PULIMOOTTIL HOUSE (K C C HOMES)
             AMALAGIRI P.O., KOTTAYAM-686 561
     2       RANI.K.THOMAS,
             D/O O.J.THOMAS, OUTHIMOOTTIL HOUSE,
             MANJADI P.O., TIRUVALLA-689 105,
             BEING REPRESENTED BY HER ATTORNEY
             REENA KL THOMAS
             WIFE OF SHAJI NINAN,
             PULIMOOTTIL HOUSE (K C C HOMES)
             AMALAGIRI P.O., KOTTAYAM-686 561
             BY ADV MATHEW PHILIP EDAPPALLIL


RESPONDENT/RESPONDENT:

             RAJESH K THOMAS
             S/O O.J.THOMAS,
             OUTHIMOOTTIL HOUSE,
             MANJADI P.O., TIRUVALLA -689 105

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2234 OF 2021
                               2




                         JUDGMENT

Dated this the 16th day of March, 2022

The short prayer that has been canvassed in this

Original Petition filed under Article 227 of the Constitution of

India is expeditious disposal of O.S.No.233/2019, pending

before the Munsiff Court, Thiruvalla.

2. Though notice was served to the respondent,

nobody appeared.

3. A report dated 03.12.2021 by the learned Munsiff,

Thiruvalla has been placed, thereby the learned Munsiff

consented to dispose of the matter within a period of three

months after highlighting the huge pendency of oldest

matters before that court.

Therefore, there shall be a direction to the learned

Munsiff to dispose of O.S.No.233/2019 pending before the

Munsiff Court, Thiruvalla within a period of four months from

re-opening of courts after summer vacation.

This Original Petition stands disposed of. OP(C) NO. 2234 OF 2021

Registry shall forward a copy of this judgment to the

court below concerned, within seven days, for information

and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr OP(C) NO. 2234 OF 2021

APPENDIX OF OP(C) 2234/2021

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF POWER OF ATTORNEY DATED 24.5.2019 EXECUTED BY THE SECOND PETITIONER IN FAVOUR OF 1ST PETITIONER Exhibit P2 TRUE PHOTOCOPY OF SALE DEED NO.707/1986 OF SRO THIRUVALLA IN FAVOUR OF OJ THOMAS, FATHER OF PETITIONERS Exhibit P3 TRUE PHOTOCOPY OF SETTLEMENT DEED NO.2230/2017 IN FAVOUR OF SARAMMA ELIAMMA, MOTHER OF PETITIONERS Exhibit P4 TRUE PHOTOCOPY OF DEATH CERTIFICATE OF OJ THOMAS ISSUED BY REGISTRAR OF DEATHS, ETTUMANOOR MUNICIPALITY Exhibit P5 TRUE PHOTOCOPY OF PLAINT IN OS 233/2019 BEFORE MUNSIFF COURT, THIRUVALLA DT 24.5.19 FOR PARTITION OF PROPERTY Exhibit P6 TRUE PHOTOCOPY OF INJUNCTION ORDER DATED 25.5.2019 IN IA 1452/2019 IN THE ABOVE SUIT Exhibit P7 TRUE PHOTOCOPY OF COMMISSION REPORT DATED 7.6.19 IN THE ABOVE SUIT Exhibit P8 TRUE PHOTOCOPY OF POLICE COMPLAINT DATED 2.8.2019 OF SARAMMA ELIAMMA BEFORE POLICE INSPECTOR, THIRUVALLA Exhibit P9 TRUE PHOTOCOPY OF RECEIPT DATED 2.8.19 FOR THE ABOVE COMPLAINT Exhibit P10 TRUE PHOTOCOPY OF WRITTEN STATEMENT DATED 21.10.2019 IN OS NO.233 OF 2019 BEFORE MUNSIFF COURT, THIRUVALLA Exhibit P11 TRUE PHOTOCOPY OF DEATH CERTIFICATE OF SARAMMA ELIAMMA ISSUED BY THE REGISTRAR OF DEATHS ETTUMANOOR MUNICIPALITY Exhibit P12 TRUE PHOTOCOPY OF THE REGISTERED WILL DATED 27.4.2021 EXECUTED BY SARAMMA ELIAMMA MOTHER Exhibit P13 TRUE PHOTOCOPY OF B DIARY IN OS 233/2019 BEFORE MUNSIF COURT, THIRUVALLA SHOWING THE PROCEEDINGS AND POSTINGS