Benedict.D vs Das
2023 Latest Caselaw 7368 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                         OP(C) NO. 1177 OF 2023
    O.S.NO.177/2021 OF I ADDITIONAL MUNSIFF COURT, NEYYATTINKARA


 PETITIONER/PLAINTIFF:

         BENEDICT.D,
         AGED 59 YEARS,
         S/O. DEVADASAN,
         SREEGEETHAM, VENPAKAL,
         ATHIYANNUR VILLAGE,
         NELLIMOODU P.O, NEYYATTINKARA,
         THIRUVANANTHAPURAM - 695 524

         BY ADVS.
         BIJU BALAKRISHNAN
         V.S.RAKHEE
         K.J.GISHA
         AJMAL P.
         YRISHIKA R.


 RESPONDENT/DEFENDANT:

         DAS,
         AGED ABOUT 63 YEARS,
         S/O. DEVADASAN,
         D.A MANDHIRAM,
         KUDAYAL KAVARIYODU,
         VELLARADA VILLAGE,
         NEYYATTINKARA TALUK,
         THIRUVANANTHAPURAM - 695 505



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1177 OF 2023

                                     2


                              JUDGMENT

It is so unfortunate that an evasive report was

submitted by the Musiff court, Neyyattinkara, without

touching on the issue and without the compliance of

direction issued by this Court.

2. Heard both sides. It is an application

seeking early disposal of the suit of the year 2021

on the ground that the petitioner wants to sell the

property to meet the expenditure in connection with

the education and marriage of his children. Hence,

there will be a direction to the trial court to take

up the matter emergently and dispose of the same

within a time schedule of two months from the next

posting date and report compliance.

The Original Petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE rkr-27/06 OP(C) NO. 1177 OF 2023

APPENDIX OF OP(C) 1177/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S NO.177/2021 ON THE FILES OF THE 1ST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DT.07-06-

2022 IN FAVOUR OF THE PETITIONER. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DT.03-01-2023 IN FAVOUR OF THE PETITIONER. Exhibit P4 TRUE COPY OF THE ORDER DT.25-02-2021 IN I.A NO.1/2021 IN O.S NO.177/2021 OF THE 1ST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA. Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT DT.07-02-

2023 FILED BY THE RESPONDENT HEREIN IN O.S NO.177/2021 OF THE 1ST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

Exhibit P6 TRUE COPY OF THE OFFER LETTER BY THE COVENTRY UNIVERSITY THROUGH THE SON OF SMT.GEETHAKUMARI.L.

RESPONDENT EXHIBITS       NIL


                                 TRUE COPY
                                 P.A.TO JUDGE