Kerala High Court
Karthiayani vs Santha on 12 January, 2023
OP(C) NO. 2485 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
OP(C) NO. 2485 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 237/2019 OF PRINCIPAL SUB
COURT,IRINJALAKUDA
PETITIONER/S:
KARTHIAYANI
AGED 72 YEARS
W/O. KIDANGATH UNNI,
MALA P.O., KURUVILASSERY VILLAGE,
CHALAKUDY TALUK,
THRISSUR, PIN - 680732
BY ADVS.
K.J.MANU RAJ
RAVI KRISHNAN
K.VINAYA
RESPONDENT/S:
1 SANTHA,
AGED 63 YEARS
W/O. AVINIPPILLI SANKARANARAYANAN, AALA VILLAGE
DESOM, KOTHAPARAMBU P.O. KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN - 680668
2 SUDHA
AGED 38 YEARS
W/O. KANJIRTHINGAL DAVIS & D/O. 1ST RESPONDENT ,
RESIDING WITH 1ST RESPONDENT , AALA VILLGE, DESOM,
KOTHAPARAMBU P.O., KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN - 680688
3 DAVID
AGED 35 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER ,
AVINIPPILLI , SANKARANARAYANAN, AALA VILLAGE DESOM,
KOTHAPARAMBU P.O. KODUNGALLUR TALUK, THRISSUR
OP(C) NO. 2485 OF 2022
2
DISTRICT, PIN - 680668
4 SANU
AGED 32 YEARS
D/O. 1ST RESPONDENT , RESIDING WITH 1ST
RESPONDENT , AALA VILLAGE, DESOM, KOTHAPARAMBU P
.O., KODUNGALLUT TALUK, THRISSUR DISTRICT, PIN -
680668
5 SEENA
AGED 38 YEARS
W/O. KOLLADYKKAL UNNIKRISHNAN, PAZHU VILLAGE, DESOM
AND POST, THRISSUR TALUK & D/O. 1ST RESPONDENT ,
KODUNGALLUR TALUK, AALA VILLAGE DESOM, KOTHAPARAMBU
P O. KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN -
680668
6 SINDHU
AGED 44 YEARS
W/O. KAIMAPARAMBIL SHIBU, POOPATHI POST & D/O. 1ST
RESPONDENT POYYA VILLAGE, POOPATHI DESOM,
KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680668
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2485 OF 2022
3
JUDGMENT
The original petition is filed, to direct the Court of
the Principal Subordinate Judge, Irinjalakuda to consider
and dispose of O.S.No.237/2019 within a time frame.
2. Pursuant to the order dated 16.12.2022 passed by
this Court, the learned Subordinate Judge, by
communication dated 21.12.2022, has informed this
Court that the above suit is filed for partition. The said
suit is being jointly tried with O.S.No.47/2016. The
plaintiff in O.S. No.47/2016 has filed an application to sue
as an indigent person. The suit is posted for the report of
the Tahsildar. The court below would make an endeavour
to dispose of the suit within four months.
3. Heard; Sri.K.J.Manu Raj, the learned counsel
appearing for the petitioner. Even though notice has been
served on the respondents, there is no appearance for
them.
In the light of the pleadings and materials on record
OP(C) NO. 2485 OF 2022
and after perusing the communication of the learned
Subordinate Judge, in exercise of the supervisory powers
of this Court under Article 227 of the Constitution of
India, I direct the Court of the Principal Subordinate
Judge, Irinjalakuda, to consider and dispose of
O.S.Nos.237/2019 and 47/2016 in accordance with law, as
expeditiously as possible, at any rate within a period of
three months after the completion of pre-trial steps. The
original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rkc/12.01.23
OP(C) NO. 2485 OF 2022
APPENDIX OF OP(C) 2485/2022
PETITIONER EXHIBITS
Exhibit1 A TRUE COPY OF THE PLAINT IN O.S.NO. 1959
OF 2016 BEFORE MUNSIFF COURT KODUNGALLUR
DATED NIL
Exhibit P 2 A TRUE COPY OF THE AMENDED PLAINT IN O.S.
NO. 47 OF 2016 FILED BEFORE THE SUB COURT
IRINJALAKUDA DATED 2.3.2016
Exhibit P 3 A TRUE COPY OF THE ORDER DATED
12..11..2019 IN TOP NO. 181 OF 2019 ON
THE FILES OF DISTRICT COURT THRISSUR
