Johnson Joseph vs P. M. Thomas
2023 Latest Caselaw 4899 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                         OP(C) NO. 894 OF 2023
   AGAINST THE ORDER/JUDGMENT IN OS 139/2018 OF MUNSIFF COURT,
                               ETTUMANOOR
PETITIONER/S:

          JOHNSON JOSEPH,
          AGED 50 YEARS, S/O. JOSEPH, SHEKINAH APARTMENT 4B,
          COLLECTORATE P.O., KOTTAYAM TALUK AND DISTRICT, NOW
          RESIDING AT ROOM NO. 421-A, PANAMBALAM JUNCTION, WARD
          NO.11, ARPOOKKARA PANCHAYATH, ARPOOKKARA P.O.,
          KOTTAYAM,, PIN - 686001

          BY ADVS.
          ANEESH JAMES
          JIJO THOMAS
          M.D.BEENA



RESPONDENT/S:

          P. M. THOMAS, AGED 69 YEARS,
          S/O. MANI, PARAYIL HOUSE, ARPOOKKARA KARA, ARPOOKARA
          PO, ARPOOKKARA VILLAGE, KOTTAYAM TALUK, KOTTAYAM
          DISTRICT, PIN - 686008

          BY ADV JAYARAMAN S.




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.04.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 894 OF 2023
                              2

                        JUDGMENT

The original petition is filed, interalia, to direct the

Court of the Additional District Judge-IV, Kottayam to

consider and dispose of IA No.3/2023 in AS No.105/2022

within a reasonable time period and until such time to

defer further proceedings in EP No.36/2022 of the Court

of the Munsiff, Ettumanoor.

2. Pursuant to the order dated 10.04.2023 passed

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

Kottayam, by communication dated 11.04.2023, has

informed this Court that the appeal and the application

were heard and were posted to 13.04.2023. However, as

the learned District Judge is engaged in the trial of the

sessions case, she is unable to dispose of the application

and the appeal. Nonetheless, she expects to dispose of

the appeal immediately on the reopening of the Courts

after the summer vacation.

3. Heard; Sri.Aneesh James, the learned Counsel OP(C) NO. 894 OF 2023

appearing for the petitioner and Sri.Jayaraman S., the

learned Counsel appearing for the respondent.

In the light of the pleadings and the 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-IV, Kottayam to consider and

dispose of IA No.3/2023 and AS No.105/2022 in

accordance with law, as expeditiously as possible, at

any rate on or before 31.05.2023. Until such time

orders are passed in the application and appeal, all

further proceedings in EP No.36/2022 of the Court of

the Munsiff, Ettumanoor shall be kept in abeyance.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE rkc/13.04.23 OP(C) NO. 894 OF 2023

APPENDIX OF OP(C) 894/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT DATED 27.07.2018 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT DATED 08.04.2029 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF COURT, ETTUMANOOR

Exhibit P3 A TRUE COPY OF THE PLAINT DATED 27.01.2022 IN O. S. NO. 12 OF 2022 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P4 A TRUE COPY OF THE PROOF AFFIDAVIT DATED 07.09.2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 30.09.2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF COURT, ETTUMANOOR

Exhibit P6 A TRUE COPY OF THE DECREE DATED 30.09.2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF COURT, ETTUMANOOR

Exhibit P7 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 28.10.2022 IN A. S. NO. 105 OF 2022 ON THE FILES OF THE DISTRICT COURT, KOTTAYAM

Exhibit P8 A TRUE COPY OF THE ORDER DATED 06.12.2022 IN I. A. NO. 1 OF 2022 IN A. S. NO. 105 OF 2022 OF THE DISTRICT COURT, KOTTAYAM

Exhibit P9 A TRUE COPY OF THE PETITION DATED 21.01.2023 IN I. A. NO. 3 OF 2022 IN A. S. NO. 105 OF 2022 ON THE FILES OF THE OP(C) NO. 894 OF 2023

DISTRICT COURT, KOTTAYAM

Exhibit P10 A TRUE COPY OF THE EXECUTION PETITION IN E. P. NO. 36 OF 2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P11 A TRUE COPY OF THE PETITION ALONG WITH

OF 2022 IN E. P. NO. 36 OF 2022 IN O.S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P12 A TRUE COPY OF THE PETITION IN E. A. NO.

5 OF 2023 IN E. P. NO. 36 OF 2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P13 A TRUE COPY OF THE OBJECTION BY THE RESPONDENT IN E. A. NO. 5 OF 2023 IN E. P. NO. 36 OF 2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR

Exhibit P14 A TRUE COPY OF THE ORDER DATED 07.03.2023 IN E. P. NO. 36 OF 2022 IN O. S. NO. 139 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, ETTUMANOOR