V.P. Johny vs V.P. Jose
2022 Latest Caselaw 10990 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                     OP(C) NO. 1930 OF 2022
   IN AS 60/2018 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER/(PLAINTIFF-APPELLANT)
           V.P. JOHNY
           AGED 74 YEARS
           VADAKKAN VEETTIL HOUSE,
           KAIPARAMBU VILLAGE, THRISSUR,
           PIN - 680546

          BY ADVS.   PRATAP ABRAHAM VARGHESE
                     P.RAMAKRISHNAN
                     PREETHI RAMAKRISHNAN
                     T.C.KRISHNA
                     C.ANIL KUMAR
                     ASHA K.SHENOY
                     GOKUL KRISHNA
          RESPONDENTS:(DEFENDANTS-RESPONDENTS)

    1     V.P. JOSE,
          AGED 80 YEARS,
          S/O PORINCHU, VADAKKAN VEETTIL HOUSE,
          KAIPARAMBU VILLAGE, THRISSUR,
          PIN - 680546

    2     V.P. JOY,
          AGED 60 YEARS,
          S/O PORINCHU, VADAKKAN VEETTIL HOUSE,
          KAIPARAMBU VILLAGE, THRISSUR,
          PIN - 680546

    3     K. OMANA,
          AGED 70 YEARS
          W/O MALLISSERY PRASENAN,
          OSHIANIC HOUSE, HOUSE NO. 13/598,
          KOORKKANCHERY, CHIYYARAM, THRISSUR.,
          PIN - 680007

    4      VIJAYAKUMAR,
           AGED 52 YEARS,
           SON OF ELAMBALASSERIYIL RAGHAVAN MENON,
           FLAT NO. 5C, TEMPLE TREES APARTMENT,
           PAZHAYA NADAKKAVU, THRISSUR,
           PIN - 680001
      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1930/2022

                                  -:2:-




                 Dated this the 3rd day of November,2022

                          JUDGMENT

The original petition is filed, to direct the court of

the District Judge, Thrissur, to consider and dispose of

A.S.No.60/2018 (Ext.P2) within a time frame.

2. Pursuant to the order dated 17.10.2022 passed

by this Court, the learned Additional District Judge-III,

Thrissur, by communication dated 18.10.2022, has

informed this Court that the above case stands posted for

taking steps to implead the legal representatives of the

deceased respondents 1 and 2 before the court below.

The appeal is posted to 27.11.2022. The court below

would make an endeavour to dispose of the appeal within

six months, after the completion of steps.

3. Heard; Sri. Pratap Abraham Varghese, the

learned counsel appearing for the petitioner and

Smt. Padmini Devi, the learned counsel appearing for the

third respondent. Even though notice of the original O.P.(C)No.1930/2022

petition has been served on the learned counsel

appearing for the fourth respondent before the court

below, there is no appearance for him.

In the light of the pleadings and materials on record

and after perusing the communication of the learned

District Judge, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India,

I direct the Court of the Additional District Judge-III,

Thrissur, to consider and dispose of A.S.No.60/2018, as

expeditiously as possible and in accordance with law, at

any rate, within a period of three months after the

completion of the steps.

The original petition is ordered accordingly.

Sd/-

                                          C.S.DIAS,JUDGE

DST/03.11.22                                                  //True copy/

                                                              P.A.To Judge
 O.P.(C)No.1930/2022






                             APPENDIX



PETITIONER EXHIBITS
EXHIBIT P-1         TRUE COPY OF THE JUDGMENT DATED 22/02/2018

IN OS NO. 59/2021 OF THE II ADDITIONAL MUNSIFF THRISSUR

EXHIBIT P-2 TRUE COPY OF MEMORANDUM OF APPEAL IN AS NO.

60/2018

RESPONDENT'S EXHIBITS: NIL