Rajeevan vs Hridayammal (Died)
2023 Latest Caselaw 13186 Ker

Kerala High Court

Rajeevan vs Hridayammal (Died) on 15 December, 2023

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                      OP(C) NO. 2779 OF 2023
   AGAINST THE ORDER IN EP.27/2023 IN OS 320/2011 OF PRINCIPAL
                      MUNSIFF COURT, KOLLAM
PETITIONER(S)/DECREE HOLDER/PLAINTIFF:

          RAJEEVAN, AGED 60 YEARS,
          S/O. JOSEPH D'SILVA, ARIPPADATHU VEEDU, HOUSE NO. 337,
          KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
          BY ADVS.
          M.S.AMAL DHARSAN
          NOEL JACOB


RESPONDENT/JUDGMENT DEBTORS/DEFENDANTS:

    1     HRIDAYAMMAL (DIED), AGED 98 YEARS,
          W/O. JOSEPH ANTONY, ARIPPADATHU VEEDU, HOUSE NO. 337,
          KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
    2     JESSY, D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU,
          HOUSE NO. 337, KOLLAM VILLAGE, ANDAMUKKAM,
          KOLLAM, PIN - 691017
    3     NEPOLEAN (DIED), S/O. JOSEPH ANTONY, ARIPPADATHU VEEDU,
          HOUSE NO. 337, KOLLAM VILLAGE,
          ANDAMUKKAM, KOLLAM, PIN - 691017
    4     JYOTHI (DIED), D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU,
          HOUSE NO. 337, KOLLAM VILLAGE,
          ANDAMUKKAM, KOLLAM, PIN - 691017
    5     HILDA, D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU, HOUSE NO.
          337, KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
    6     GAITTEE, AGED 61 YEARS,
          D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU, HOUSE NO. 337,
          KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
    7     LATHA, AGED 54 YEARS,
          D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU, HOUSE NO. 337,
          KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
    8     TENSON, AGED 45 YEARS,
          D/O. JOSEPH ANTONY, ARIPPADATHU VEEDU, HOUSE NO. 337,
          KOLLAM VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
    9     CELINE, AGED 64 YEARS,
          W/O. NEPOLEAN, ARIPPADATHU VEEDU, HOUSE NO. 337, KOLLAM
          VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
 OP(C) NO. 2779 OF 2023

                                   2

     10      ANTONY RAKESH, AGED 32 YEARS,
             S/O. NEPOLEAN, ARIPPADATHU VEEDU, HOUSE NO. 337, KOLLAM
             VILLAGE, ANDAMUKKAM, KOLLAM, PIN - 691017
     11      PREEMA,
             AGED 40 YEARS,
             D/O. JYOTHI, 37/38 RC BARATHAN STREET, VADASSERY NAGAR
             KOVIL, KOLLAM, PIN - 629001
     12      PRADEEP,
             AGED 37 YEARS,
             S/O. JYOTHI, 37/38 RC BARATHAN STREET,
             VADASSERY NAGAR KOVIL, KOLLAM, PIN - 629001
      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2779 OF 2023

                                             3


                                       JUDGMENT

The decree holder in a suit for partition came up

at the final decree stage after making an application

under Ext.P8 to implead the legal heirs of one

deceased sharer and now they came up before this

court seeking early disposal of the said application

on account of the ailment of decree holder, who is

suffering from lungs cancer. Hence, the same is

recorded. There will be a direction to the court

below to expedite the disposal of Ext.P8 application

at the earliest moment. Since it is for early

disposal of a pending application, the notice to the

respondents is hereby dispensed with. There will be

a further direction to dispose of the EP at the

earliest moment, if possible, within a time schedule

of three months from the next posting date.

The Original Petition is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 2779 OF 2023

APPENDIX OF OP(C) 2779/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 18/10/2012 IN O.S. NO. 320/2011 IN THE FILES OF THE PRINCIPAL MUNSIFF COURT, KOLLAM Exhibit P2 TRUE COPY OF THE FINAL JUDGMENT DATED 21/03/2017 IN I.A NO. 4362/2014 IN O.S. NO. 320/2011 IN THE FILES OF THE PRINCIPAL MUNSIFF COURT, KOLLAM Exhibit P3 TRUE COPY OF THE FINAL DECREE DATED 21/03/2017 IN O.S. NO. 320/2011 IN THE FILES OF THE PRINCIPAL MUNSIFF COURT, KOLLAM IS Exhibit P4 TRUE COPY OF THE PAY SLIP DATED 22/06/2020 EVIDENCING THE PAYMENT OF RS.3,02,797/- Exhibit P5 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 26/10/2023 ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM Exhibit P6 TRUE COPY OF THE TREATMENT PROGRESS NOTES ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCES Exhibit P7 TRUE COPY OF THE EXECUTION PETITION E.P NO.

27/2023 IN O.S NO. 320/2011 IN THE FILES OF THE HON'BLE MUNSIFF COURT, KOLLAM Exhibit P8 TRUE COPY OF THE APPLICATION E.A NO. 63/2023 IN E.P NO. 27/2023 IN THE FILES OF PRINCIPAL MUNSIFF COURT, ERNAKULAM