Vasumathi Devi vs Thankappan Nadar
2022 Latest Caselaw 10161 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                     OP(C) NO. 1389 OF 2022
   IN OS 711/2016 OF III ADDITIONAL MUNSIFF COURT ,TRIVANDRUM
PETITIONER/4TH DEFENDANT:

          VASUMATHI DEVI,
          AGED 82 YEARS,
          D/O. AMMUKUTTYAMMA, RESIDING AT RRA76,
          OLD T.C.53/2467 (NEW T.C.50/2782) NEMOM P.O.,
          THIRUVANANTHAPURAM.,
          PIN - 695020

          BY ADV T.RAJASEKHARAN NAIR


RESPONDENTS/ PLAINTIFFS/ DEFENDANTS 1 TO 3 AND 5 TO 6:

    1     THANKAPPAN NADAR,
          AGED 71 YEARS
          S/O.CHELLAYYAN NADAR,SREEKRISHNA MERILAND,
          KARIMPUVILA UPANIYOOR DESOM, KALLIYOOR VILLAGE.,
          PIN - 695042

    2     RAJ.K.,
          AGED 56 YEARS
          S/O.LATE KESAVAN NADAR, VATTAVILA VEEDU,
          PALOORKONAM, NEMOM P.O., THIRUVANANTHAPURAM,
          PIN - 695020

    3     VIJAYAKUMAR,
          AGED 57 YEARS,
          S/O. DASAN,
          T.C.53/2465-1,KRA77, UPASANA,
          PALOORKONAM,
          NEMOM P.O., THIRUVANANTHAPURAM,
          PIN - 695020

    4     ARUN,
          AGED 36 YEARS,
          S/O.CHANDRAN, PALOORKONAM,
          NEMOM P.O., THIRUVANANTHAPURAM,
          PIN - 695020
 O.P.(C)No.1389/2022

                                  -:2:-




      5       CHANDRAN,
              AGED 66 YEARS,
              S/O.KESAVAN, PALOORKONAM,
              NEMOM P.O., THIRUVANANTHAPURAM,
              PIN - 695020

      6       GIGO,
              AGED 36 YEARS,
              S/O.SANDANANDAN, VATTAVILAVEEDU,
              PALOORKONAM, NEMOM P.O., THIRUVANANTHAPURAM,
              PIN - 695020

              BY ADVS.   R.HARIKRISHNAN (H-308)
                         V.SURESH(K282/1989)
                         G.SUDHEER(K/000467/1992)

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1389/2022

                                       -:3:-




                Dated this the 15th day of September,2022

                             JUDGMENT

The original petition is filed, to direct the Court of

the Additional Munsiff-III, Thiruvananthapuram, to

consider and dispose of O.S.No.711/2016 within a time

frame.

2. Pursuant to the order dated 02.08.2022

passed by this Court, the learned Munsiff by

communication dated 08.08.2022, has informed this

Court that the above suit is being jointly tried with

O.S.Nos.322/2013 and 485/2016. The court below

would make an endeavour to dispose of the suits within

eight months.

3. Heard; T.Rajasekharan Nair, the learned

counsel appearing for the petitioner and Sri.

R.Harikrishnan, the learned counsel appearing for the

second respondent.

O.P.(C)No.1389/2022

In the light of the pleadings and materials on

record, and after perusing the communication of the

learned Munsiff, in exercise of the supervisory

jurisdiction of this Court under Article 227 of the

Constitution of India, I direct the Court of the

Additional Munsiff-III, Thiruvananthapuram, to

consider and dispose of O.S.Nos. 711/2016, 322/2013

and 485/2016, in accordance with law, as expeditiously

as possible, at any rate, within a period of six months

after the completion of pre-trial steps in the leading

case.

The original petition is ordered accordingly.

Sd/-

                                             C.S.DIAS,JUDGE

DST/15.09.22                                                   //True copy/

                                                               P.A.To Judge
 O.P.(C)No.1389/2022






                             APPENDIX

PETITIONER EXHIBITS
EXHIBITP1           A TRUE PHOTOCOPY OF THE PLAINT FILED BY THE

1ST RESPONDENT/PLAINTIFF AS O.S.NO.711/2016 FILED BEFORE THE 3RD ADDL. MUNSIFF'S COURT, (NO.IV), THIRUVANANTHAPURAM

EXHIBITP2 A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER/4TH DEFENDANT IN O.S 711/ 2016 BEFORE THE 3RD ADDL.MUNSIFF COURT(NO.IV), THIRUVANANTHAPURAM

RESPONDENTS' EXHIBITS: NIL