Kerala High Court
Pushpalatha vs Radhamani Amma on 3 February, 2023
OP(C) NO. 200 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
OP(C) NO. 200 OF 2023
OS 102/2014 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
PETITIONER/S:
PUSHPALATHA
AGED 60 YEARS
PRABHAKARAN, C/O UNNIKUMAR, 3A, KARUPPANNA GOWDER
STREET, BARNARDIN, METTUR, PODANUR, COIMBATORE, PIN -
641023
BY ADVS.
RAJESH SIVARAMANKUTTY
K.V.ANTONY
ARUL MURALIDHARAN
RESPONDENT/S:
1 RADHAMANI AMMA
W/O LATE RAMAN NAIR, CHOLAYIL COMPLEX, SANDYARAM
HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT, PIN -
678633
2 SREEKUMAR
S/O LATE RAMAN NAIR, AGE NOT KNOWN, CHOLAYIL COMPLEX,
SANDYARAM HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT,
PIN-, PIN - 678633
3 PRASANNA KUMARI
D/O LATE RAMAN NAIR, AGE NOT KNOWN, CHOLAYIL COMPLEX,
SANDYARAM HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT,
PIN - 678633
4 UDAYAKUMAR
S/O LATE RAMAN NAIR, AGE NOT KNOWN, CHOLAYIL COMPLEX,
SANDYARAM HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT,
PIN - 678633
5 MANIKANDAN
S/O LATE RAMAN NAIR, AGE NOT KNOWN, CHOLAYIL COMPLEX,
SANDYARAM HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT,
PIN - 678633
6 MANOJ KUMAR
S/O LATE RAMAN NAIR, AGE NOT KNOWN, CHOLAYIL COMPLEX,
SANDYARAM HOSPITAL, KADAMPAZHIPURAM, PALAKKAD DISTRICT,
PIN - 678633
OP(C) NO. 200 OF 2023 2
7 SUBADRA AMMA
D/O SREEDEVI AMMA, AGE NOT KNOWN, KOLAKKAT HOUSE,
KANNAMPARIYARAM, MANKARA, PALAKKAD DISTRICT, PIN -
678613
8 SANTHAKUMARI
D/O SREEDEVI AMMA, AGE NOT KNOWN, KOLAKKAT HOUSE,
KANNAMPARIYARAM, MANKARA, PALAKKAD DISTRICT, PIN -
678613
9 NARAYANANKUTTY
S/O YASODHA AMMA, AGE NOT KNOWN, KOLAKKAT HOUSE,
KANNAMPARIYARAM, MANKARA, PALAKKAD DISTRICT, PIN -
678613
10 UNNI
S/O THATHAKUTTY AMMA, AGE NOT KNOWN, ANPU NAGAR,
CHETTIPALAYAM ROAD, PODANUR, COIMBATORE DISTRICT, PIN -
641023
11 SAIPRASAD
S/O SEKHARAN, AGE NOT KNOWN, 69/85, SREEKRISHNA NAGARA,
CHETTIPALAYAM ROAD, PODANUR, COIMBATORE DISTRICT, PIN -
641023
12 SREEMATHI
D/O SEKHARAN, AGE NOT KNOWN, 69/85, SREEKRISHNA NAGARA,
CHETTIPALAYAM ROAD, PODANUR, COIMBATORE DISTRICT, PIN -
641023
13 GEETHA
C/O UNNIKUMAR, AGE NOT KNOWN, 3A, KARUPPANNA GOWDER
STREET, BARNARDIN, METTUR, PODANUR, COIMBATORE., PIN -
641023
14 RADHAKRISHNAN
AGE AND FATHER'S NAME NOT KNOWN, LAKSHMI NIVAS,
KURUDANKULAMBU, KODUVAYUR, PALAKKAD DISTRICT, PIN -
678501
BY ADV. SMT. M.D. ROSHNI FOR R1 TO R6
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 200 OF 2023 3
JUDGMENT
The original petition is filed to direct the Court of the
Principal Munsiff, Palakkad, to consider and dispose of
E.A.Nos.27/2023 and 28/2023 in E.P.No.23/2020 within a
time frame.
2. Pursuant to the order dated 25.01.2023 passed
by this Court, the learned Principal Munsiff, by
communication dated 27.01.2023, has informed this Court
that E.A.Nos.27 and 28 of 2023 have been filed on
21.01.2023 to set aside the ex-parte order and to condone
the delay. The respondents have filed their objections to
the above applications. The court below requires one
month's time to dispose of the above applications.
3. Heard; Sri. Rajesh Sivaramankutty, the learned
counsel appearing for the petitioner and Smt.M.D.Roshni,
the learned counsel appearing for respondents 1 to 6.
In view of the pleadings and materials on record and
after perusing the communication of the learned Munsiff,
in exercise of the supervisory powers of this Court under
Article 227 of the Constitution of India, I direct the Court
of the Principal Munsiff, Palakkad, to consider and dispose
of E.A.Nos.27/2023 and 28/2023 in E.P.No.23/2020, in
accordance with law, as expeditiously as possible, at any
rate within a period of one month from the date of receipt
of a certified copy of this judgment. Until such time orders
are passed on the above applications, all further
proceedings in F.D.I.A.No.22/2016 of the Court of the
Munsiff, Palakkad, shall be kept in abeyance.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
okb/3.2.23
//True copy// P.S. to Judge
APPENDIX OF OP(C) 200/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE E.P. NO. 23/2020 IN FD IA
NO. 22/2016 IN O.S. NO.102/2014 BEFORE THE
MUNSIFF'S COURT, PALAKKAD DATED 3-10-2019
Exhibit P-2 TRUE COPY OF THE PETITION AND AFFIDAVIT FILED
BY PETITIONER AS E.A NO. 27/2023 IN E.P. NO.
23/2020 IN FDIA NO. 22/2016 IN O.S.
NO.102/2014.
Exhibit P-3 TRUE COPY OF THE PETITION AND AFFIDAVIT FILED
BY PETITIONER AS E.A NO. 28/2023 IN E,P. NO.
23/2020 IN FDIA NO. 22/2016 IN O.S.
NO.102/2014.
