Velammal vs Santhammal
2022 Latest Caselaw 3414 Ker

           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. 315 OF 2022
        FDA NO.2 OF 2021 IN O.S NO.325/2016 OF MUNSIFF
                        COURT,VARKALA
PETITIONER/PETITIONER/PLAINTIFF:

    1      VELAMMAL
           AGED 89 YEARS
           W/O. KRISHNAN CHETTIYAR,
           KUZHIVILA PUTHEN VEEDU,
           THOTTAKKADU P.O,
           KARAVALAM VILLAGE,
           CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT.
           BY ADV LATHEESH SEBASTIAN


RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1      SANTHAMMAL
           KUZHIVILA PUTHEN VEEDU,
           THOTTAKKADU P.O,
           KARAVARAM VILLAGE,
           CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT 695 605.
    2      RAJESH
           S/O. RAJAN CHETTIYAR,
           KUZHIVILA PUTHEN VEEDU,
           THOTTAKKADU P.O,
           KARAVARAM VILLAGE,
           CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT 695 605.
    3      VINOD
           S/O.RAJAN CHETTIYAR,
           KUZHIVILA PUTHEN VEEDU,
           THOTTAKKADU P.O, KARAVARAM VILLAGE,
           CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT 695 605.
 O.P.(C)No.315 of 2022
                                       ..2..




     4          MANOJ
                S/O.RAJAN CHETTIYAR,
                KUZHIVILA PUTHEN VEEDU,
                THOTTAKKADU P.O,
                KARAVARAM VILLAGE,
                CHIRAYINKEEZHU TALUK,
                THIRUVANANTHAPURAM DISTRICT 695 605.

         THIS    OP   (CIVIL)    HAVING        COME   UP    FOR    ADMISSION    ON
22.03.2022,        THE   COURT    ON    THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C)No.315 of 2022
                                     ..3..




                        O.P.(C)No.315 of 2022
             ---------------------------------------------------


                            JUDGMENT

In this original petition filed under Article 227 of

the Constitution of India, the petitioner herein, who is the

plaintiff in O.S.No.325 of 2016 on the file of the Munsiff

Court, Varkala, seeks early disposal of FDA No.2 of 2021

in the above suit.

2. Though notice issued to the respondents,

R4 accepted the notice. But, nobody appeared for R4. R2

and R3 returned "unclaimed". Service declared as

sufficient insofar as R2 and R3 are concerned. Notice not

returned after service to R1. Therefore, notice to R1

dispensed with.

3. The short prayer that has been pressed O.P.(C)No.315 of 2022 ..4..

into in this matter is early disposal of the final decree

application.

4. The learned Munsiff, as per letter dated

02.03.2022, sought one year time for disposal of this final

decree application. Since the application is of the year

2021, I do agree with the learned Munsiff.

Having considered the minimum prayer, I am

inclined to allow this original petition. Therefore, there

shall be a direction to the learned Munsiff to consider and

dispose of F.D.A.No.2 of 2021 in O.S.No.325 of 2016

pending before the Munsiff Court, Varkala at the earliest,

at any rate, within ten months from the date of production

or receipt of a copy of this judgment.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.315 of 2022 ..5..

APPENDIX OF OP(C) 315/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE MUNSIFF COURT, VARKALA IN O.S NO.325/2016 DATED 30-11-2018. Exhibit P2 TRUE COPY OF FINAL DECREE APPLICATION NO.2/2021 FILED BEFORE THE MUNSIFF COURT, VARKALA.