M. Shivananda vs M. Susheela
2023 Latest Caselaw 5796 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
                             FAO NO. 313 OF 2007

            IA.NO.163/2005 IN OS 28/1999 OF SUB COURT, HOSDRUG

                                   ---

APPELLANT/3RD APPLICANT/3RD PLAINTIFF:

     M. SHIVANANDA ,S/O.SHANTHARAMA, REPRESENTED BY THE POWER OF ATTORNEY
     HOLDER,VIJAYA D.RAO, D/O.DAMODHARA RAO, RESIDING AT MALLIKAMADU
     HOUSE, CHITHARI,CHITHARI VILLAGE,HOSDURG TALUK.

    BY ADVS.M/S.L.GOPALAKRISHNAN POTTI & A.DINESH RAO
RESPONDENTS/RESPONDENTS & APPLICANTS 1 & 2 /DEFENDANTS & PLAINTIFF 1 & 2:

  1. M. SUSHEELA, D/O.LATE P.RAMACHANDRA RAO, RESIDING AT H.DATHATHRAYA,
     NEAR MARIAMMA KOVIL, HOSDURG VIILAGE, P.O.KANHANGAD.

     AND OTHERS.

    BY ADVS.M/S.S.ANANTHAKRISHNAN,T.MADHU,SMT.N.SHOBHA,
    K.SHRIHARI RAO,N.K.SUBRAMANIAN & T.K.VIPINDAS

     This First appeal from orders again having come up for orders on
24.05.2023, upon perusing the appeal memorandum , this court's order dated
15/09/2022 , this court's judgment dated 06/09/2021 and the letter dated
10/04/2023 from the Subordinate Judge, Hosdurg, the court on the same day
passed the following:


                                                                     P.T.O.
        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
    -----------------------------------------------------------
                     F.A.O.No.313 of 2007
    -----------------------------------------------------------
             Dated this the 24th day of May, 2023

                             ORDER

P.G. Ajithkumar, J.

This appeal was disposed of by judgment dated

06.09.2021 by directing the Sub Court, Hosdurg to dispose

of O.S.No.28 of 1999 within a period of six months, if there

are no legal impediments.

The time fixed for disposal of O.S.No.28 of 1999 was

extended from time to time. Now, the Judge, Sub Court,

Hosdurg submitted a report dated 13.04.2023 seeking six

months' more time to dispose of O.S.No.28 of 1999.

It is seen that supplemental defendants were

impleaded in the year 2023. Service of summons on some

of the defendants is yet to be completed. There are 179

defendants in the suit.

Considering such circumstances, we are of the view

that the request is genuine. Hence, six months' more time

F.A.O.No.313 of 2007

is granted to the Sub Court, Hosdurg to dispose of

O.S.No.28 of 1999.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

24-05-2023 /True Copy/ Assistant Registrar