Abhimannew vs K. Gopinathan
2023 Latest Caselaw 6780 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                      OP(C) NO. 803 OF 2023
  AGAINST THE ORDER/JUDGMENT IN OS 1756/2015 OF MUNSIFF'S COURT-
                      III,THIRUVANANTHAPURAM
PETITIONER/ADDL.3RD DEFENDANT:

          ABHIMANNEW, AGED 67,
          S/O LATE. SREEDHARAN, ABHIRAMAM, KORALAMKUZHI,
          KULATHOOR P.O., THIRUVANANTHAPURAM, PIN - 695583
          BY ADVS.
          AYYAPPAN SANKAR
          S.HRIDYA


RESPONDENTS/PLAINTIFFS & DEFENDANTS 1 & 2:

    1     K. GOPINATHAN, AGED 77,
          S/O KUNJAN, RESIDING AT 'THODIYIL VEEDU', KULATHOOR
          P.O., KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN - 695583
    2     M. SARASWATHY, AGED 72,
          D/O MADHAVI, RESIDING AT THEKKUM BHAGATH VEEDU,
          KULATHOOR P.O., KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN -
          695583
    3     GIREESAN, AGED ABOUT 62,
          S/O VISWAMBHARAN, RESIDING AT KARITHALAKKAL VEEDU,
          KOLLUMURI, ATTIPRA VILLAGE, KAZHAKKUTTAM,
          THIRUVANANTHAPURAM, PIN - 695582
    4     K. SATHYA DEVAN, AGED 65,
          S/O KUNJAN, RESIDING AT THEKKUM BHAGATH VEEDU,
          KULATHOOR P.O., KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN -
          695583
          BY ADVS.
          R.SUNIL KUMAR
          L.MOHANAN
          Ayyappan Sankar
          LIGEY ANTONY
          A.SALINI LAL


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 803 OF 2023

                                    2


                                JUDGMENT

The first respondent passed away. Respondents 2

and 3 entered appearance. Notice to the remaining

respondents is dispensed with. The impleadment of

legal heirs is also dispensed with, since the present

petition is for an early disposal of the suit of the

year 2015. The parties are at liberty to implead the

legal heirs of the deceased first respondent at the

trial court. The trial court shall expedite the

disposal of the suit within a time schedule of six

months from the next posting date and shall report

compliance.

The O.P.(C) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 803 OF 2023

APPENDIX OF OP(C) 803/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.1756/2015 ON THE FILE OF MUNSIFF COURT, THIRUVANANTHAPURAM DATED NIL Exhibit P2 TRUE COPY OF THE COMMISSION REPORT AND PLAN DATED 24.9.2018 IN O.S. NO.1756/2015 DATED 24.9.2018 ON THE FILE OF II ADDITIONAL MUNSIFF COURT (M-III), THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 16.3.2022 IN O.S. NO.1756/2015 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM