Citation : 2022 Latest Caselaw 3383 Ker
Judgement Date : 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
OP(C) NO. 2291 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 454/2021 OF LEARNED MUNSIFF COURT,
TRIVANDRUM
PETITIONER/2nd DEFENDANT:
P.RAJESWARI THANKACHY
AGED 71 YEARS
W/O (LATE) PARAMESWARAN THAMPI, RESIDING AT T.C 49/998,
PRASAD BHAVAN, CHIRAMUKKU, ATTUKAL, MANACAUD
P.O.THIRUVANANTHAPURAM DISTRICT-695 009
BY ADV IJAS MUHAMMED
RESPONDENTS/PLAINTIFF/DEFENDANT NO.1:
1 ANITHA D S, AGED 44 YEARS
W/O (LATE) P. SIVAPRASAD, PRASAD BHAVAN, TC 49/998,
CHIRAMUKKU, MANACAUD P.O.THIRUVANANTHAPURAM-695 009
2 ATTUKAL BHAGAVATHY TEMPLE TRUST,
REPRESENTED BY ITS SECRETARY, ATTUKAL, MANACADU
P.O.THIRUVANANTHAPURAM-695 009
BY ADVS.
K.SANEESH KUMAR
D.KISHORE
V.B.SANTHINI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2291 OF 2021
2
JUDGMENT
In this Original Petition filed under Article 227 of the Constitution
of India, the 2nd defendant in O.S.No.454 of 2021, on the files of the
Munsiff's Court, Thiruvananthapuram seeks early disposal of the said
suit.
2. Notice served to respondents 1 and 2. R2 filed vakalath
trough Adv. D.Kishore. R1 filed vakalath through Adv. Saneesh Kumar.
3. Heard both sides.
4. The learned counsel appearing for R1 did not oppose early
disposal of this matter. No representation for R2.
5. Considering the short prayer of early disposal, I am inclined
to allow this petition.
6. In the result, the petition is allowed.
There shall be a direction to the Munsiff's Court,
Thiruvananthapuram to dispose of the O.S No.454 of 2021 within a
period of four months from the date of receipt of a copy of this
judgment.
Sd/-
A.BADHARUDEEN JUDGE rpk OP(C) NO. 2291 OF 2021
APPENDIX OF OP(C) 2291/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED NO 4264/1995 8/12/1995 REGISTERED WITH CHALA SRO
Exhibit P2 THE TRUE COPY OF THE SALE DEED NO 884/ 2001 DATED 29.3.2001 REGISTERED WITH CHALA SRO
Exhibit P3 THE TRUE COPY OF THE SCHEME AND RULES OF ATTUKAL BHAGAVATHY TEMPLE TRUST.
Exhibit P4 THE TRUE COPY OF ID CARD ISSUED BY ATTUKAL BHAGAVATHY TEMPLE TRUST
Exhibit P5 THE TRUE COPY OF THE RESIDENT CERTIFICATE ISSUED BY THE KALIPPANKULAM WARD MEMBER DATED 21.10.2019
Exhibit P6 TRUE COPY OF THE OS 454/2011 FILED BEFORE THE LEARNED MUNSIFF COURT, THIRUVANANTHAPURAM
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