Kerala High Court
Noby Thomas Joseph vs Shanty Nooni on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
OP(C) NO. 138 OF 2023
TO CONSIDER AND DISPOSE OF AS 7/2019 OF DISTRICT COURT & SESSIONS
COURT,THRISSUR
PETITIONER/S:
1 NOBY THOMAS JOSEPH,AGED 54 YEARS,S/O LATE T.A. JOSEPH,
THOPPIL HOUSE, PUTHURKKARA, AYYANTHOLE.P.O, THRISSUR-680003
2 REENA MANI,AGED 53 YEARS,W/O. NOBY THOMAS JOSEPH, THOPPIL
HOUSE, PUTHURKKARA, AYYANTHOLE.P.O, THRISSUR, PIN - 680003
PETITIONERS ARE REPRESENTED BY POWER OF ATTORNEY HOLDER
JUBILO MANI, AGED 56 YEARS, S/O V.V MANI, HOUSE
NO.205,CHANDRANAGAR COLONY, CHANDRANAGAR, PALAKKAD-678007,
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
JISSMON A KURIAKOSE
RESPONDENT/S:
1 SHANTY NOONI,AGED 49 YEARS,W/O NOONY JOSEPH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR-680003,
2 JOSEPH NOONY,AGED 28 YEARS,S/O.NOONY JOSEPH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR-680003, PIN - 680003
3 LILLY NOONY,AGED 24 YEARS,D/O NOONY JOSEPH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR-680003, PIN - 680003
4 FRANCIS NOONY,AGED 19 YEARS,S/O.NOONY JOSPEH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR, PIN - 680003
5 NIMMY JOSEPH,AGED 64 YEARS,W/O LATE K.C.JOSEPH, CONVENT ROAD,
CHALAKKUDI, THRISSUR-680307.,
6 NANCY XAVIER SEBASTIAN,AGED 63 YEARS,W/O XAVIER SEBASTIAN,
6106, BALSAM DRIVE, MILFOR, OHAIO, U.S.A,
7 DR. NAISI JOSEPH,AGED 59 YEARS., W/O ROY ABRAHAM,1110
SOUTH,112TH PLASA, OMALA,BEBRASKA, USA,
BY ADVS.
A.PARVATHI MENON
P.SANJAY(K/000381/1992)
BIJU MEENATTOOR(K/620/1992)
KIRAN NARAYANAN(K/000131/2018)
PAUL VARGHESE (PALLATH)(K/000171/2017)
RAHUL RAJ P.(K/547/2020)
PRASOON SUNNY(K/524/2020)
AMRUTHA M. NAIR(K/001096/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION along with opc
569/2023 ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(C) Nos.138 & 569 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
OP(C) NO. 569 OF 2023
TO CONSIDER AND DISPOSE OF AS 155/2018 OF DISTRICT COURT & SESSIONS
COURT,THRISSUR
PETITIONER/S:
1 NOBY THOMAS JOSEPH,AGED 59 YEARS
S/O LATE T.A. JOSEPH, THOPPIL HOUSE, PUTHURKKARA,
AYYANTHOLE.P.O, THRISSUR-680003
2 REENA MANI,AGED 58 YEARS
W/O. NOBY THOMAS JOSEPH, THOPPIL HOUSE, PUTHURKKARA,
AYYANTHOLE.P.O, THRISSUR-680003
PETITIONERS ARE REPRESENTED BY POWER OF ATTORNEY HOLDER
JUBILO MANI, AGED 56 YEARS, S/O V.V MANI, HOUSE
NO.205,CHANDRANAGAR COLONY, CHANDRANAGAR, PALAKKAD-678007,
BY ADVS.
K.R.ARUN KRISHNAN
JISSMON A KURIAKOSE
SANAL C.S
DEEPA K.RADHAKRISHNAN
RESPONDENT/S:
1 NOONY JOSEPH (DIED)
2 SHANTY NOONY,AGED 52 YEARS,W/O NOONY JOSEPH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR-680003,
3 JOSEPH NOONY,AGED 31 YEARS, S/O.NOONY JOSEPH, THOPPIL
HOUSE, PUTHURKKARA, AYYANTHOLE, THRISSUR-680003,
4 LILLY NOONY,AGED 27 YEARS,D/O NOONY JOSEPH, THOPPIL HOUSE,
PUTHURKKARA, AYYANTHOLE, THRISSUR-680003,
5 FRANCIS NOONY,AGED 22 YEARS, S/O.NOONY JOSPEH, THOPPIL
HOUSE, PUTHURKKARA, AYYANTHOLE, THRISSUR-680003,
OTHER PRESENT:
ADV. Parvathy Menon
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION along with opc
138/2023 ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
OP(C) Nos.138 & 569 of 2023
C.S DIAS,J.
---------------------------
OP(C) Nos.138 & 569 of 2023
-----------------------------
Dated this the 13th day of March, 2023.
COMMON JUDGMENT
The original petitions are filed to direct the Court of
the District Judge, Thrissur, to consider and dispose of AS
Nos.7/2019 and 155/2018 within a reasonable time period.
2. Pursuant to the orders dated 18.1.2023 and
6.3.2023 passed by this Court, the learned District Judge,
by communications dated 19.1.2023 and 10.3.2023, has
informed this Court that the appeals have been made over
to the Additional District Judge-III, Thrissur, and are
pending consideration and posted for receipt of lower
court records. The court below requires at least three
months' time after the mid-summer vacation to dispose of
the appeals.
3. Heard; Sri.K.R Arun Krishnan, the learned
counsel appearing for the petitioners and Smt.Parvathy
OP(C) Nos.138 & 569 of 2023
Menon, the learned counsel appearing for the
respondents in both the original petitions.
4. In the light of the pleadings and materials on
record and after perusing the communications of the
learned District Judge, in exercise of the supervisory
powers of this Court under Article 227 of the Constitution
of India, I direct the Court of the Additional District Judge-
III, Thrissur, to consider and dispose of AS Nos 7/2019 and
155/2018, in accordance with law and as expeditiously as
possible, at any rate within a period of five months from
the date of receipt of a certified copy of the judgment.
The original petitions are ordered accordingly.
sd/-
sks/13.3.2023 C.S.DIAS, JUDGE
OP(C) Nos.138 & 569 of 2023
APPENDIX OF OP(C) 138/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE COMMON JUDGMENT IN O.S. NO
3873/2010 AND O.S. NO. 1126/2014 ON THE
FILE OF IIND ADDITIONAL MUNSIFF'S COURT,
THRISSUR DATED 06.01.2018
Exhibit P2 TRUE COPY OF THE APPEAL IN A.S. NO 7/2019
ON THE FILES OF DISTRICT COURT, TRISSUR
Exhibit P3 COPY OF I.A. 1/2021 IN A.S. NO. 7/2019 ON
THE FILE OF THE DISTRICT COURT, THRISSUR
Exhibit P4 COPY OF ORDER DATED 13/08/2021 IN I.A. NO.
1/2021 IN A.S. NO. 7/2019 OF THE DISTRICT
COURT, THRISSUR
OP(C) Nos.138 & 569 of 2023
APPENDIX OF OP(C) 569/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE COMMON JUDGMENT IN O.S. NO
3873/2010 ON THE FILE OF IIND ADDITIONAL
MUNSIFF'S COURT, THRISSUR DATED 06.01.2018
Exhibit P2 COPY OF THE APPEAL IN A.S. NO 155/2018 ON
THE FILES OF DISTRICT COURT, TRISSUR
Exhibit P3 COPY OF STAY PETITION NUMBERED AS I.A. NO.
3991/2018 IN A.S.NO. 155/2018 ON THE FILES
OF HON'BLE DISTRICT COURT, THRISSUR DATED
18/09/2018
Exhibit P4 COPY OF I.A. 1/2021 IN A.S. NO. 7/2019 ON
THE FILE OF THE DISTRICT COURT, THRISSUR
Exhibit P5 TRUE COPY OF ORDER DATED 13/08/2021 IN
I.A. NO. 1/2021 IN A.S. NO. 7/2019 OF THE
DISTRICT COURT, THRISSUR
