Lakshmi Mahesh vs Susheela Balagopal
2023 Latest Caselaw 10778 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA,
                          1945
                  OP(C) NO. 190 OF 2023
  AGAINST THE ORDER/JUDGMENT OS 1273/2020 OF PRINCIPAL
            MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/PLAINTIFF:
         LAKSHMI MAHESH
         AGED 39 YEARS
         DAUGHTER OF LATE N.BALAGOPALAN NAIR, FLAT NO.
         10B,GAYATHRI MANSIONS, KUNDAMONKADAVU BRIDGE,
         NEAR PETROL PUMP, PEYAD.P.O,
         THIRUVANANTHAPURAM,, PIN - 695571
         BY ADVS.
         D.AJITHKUMAR
         K.S.SATHEESH KUMAR
         T.MANASY


RESPONDENTS/DEFENDANTS:
    1    SUSHEELA BALAGOPAL
         W/O LATE N. BALAGOPALAN NAIR, T.C
         4/1632(20/2181), KURAVANKONAM, BALU VIHAR, OPP.
         RAJ BHAVAN, KOWDIAR.P.O.,
         THIRUVANANTHAPURAM,, PIN - 695003
    2    KALYANI BALAGOPAL
         AGED 35 YEARS
         D/O LATE N. BALAGOPALAN NAIR, T.C
         4/1632(20/2181), KURAVANKONAM, BALU VIHAR, OPP.
         RAJ BHAVAN, KOWDIAR.P.O.,
         THIRUVANANTHAPURAM, PIN - 695003
    3    PARVATHY BALAGOPAL
         AGED 33 YEARS
         D/O LATE N. BALAGOPALAN NAIR T.C
         4/1632(20/2181), KURAVANKONAM, BALU VIHAR, OPP.
         RAJ BHAVAN, KOWDIAR.P.O., THIRUVANANTHAPURAM,,
         PIN - 695003
 OP(C)190/23
                                    ..2..


              BY ADVS.
              SAIJO HASSAN
              NAGARAJ NARAYANAN(K/700/1994)
              BENOJ C AUGUSTIN(K/189/2004.)
              U.M.HASSAN(K/00033/2016)
              AATHIRA SUNNY(K/000638/2018)
              BINCY JOB(K/001080/2017)
              SALMAN FARIS(K/002563/2022)
              DEVI.R.SENS(K/000671/2016)
THIS   OP      (CIVIL)   HAVING      COME    UP    FOR   ADMISSION    ON
19.10.2023,      THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(C)190/23
                                  ..3..



                            JUDGMENT

The limited plea of the petitioner is that the Principal

Munsiff, Thiruvananthapuram, be directed to dispose of

O.S.No.1273/2020, within a time frame to be fixed by this

Court.

2. Noticing the afore limited plea of the petitioner, this

Court had called for a report from the Principal Munsiff,

Thiruvananthapuram, which is now available. The learned

Munsiff has reported that she will take all steps to dispose of

the suit within a period of five months.

3. However, Sri.Nagaraj Narayanan - learned counsel

for the respondents, submitted that there are two other suits,

which will also require to be heard along with the afore suit and

that they have now been transferred to the Court of the

Principal Munsiff, Thiruvananthapuram. He submitted that,

however, his client does not know whether the said suits have

reached the said Court; and therefore, prayed that, while fixing

the time frame, this Court may provide sufficient period.

Taking note of the afore submissions, I allow this Original

Petition and direct the Principal Munsiff, Thiruvananthapuram, OP(C)190/23 ..4..

to try and dispose of O.S.No.1273/2020, as expeditiously as is

possible, but not later than twelve months from the date of

receipt of a copy of this judgment.

I make it clear that liberty of the respondents to apply for

joint trial with any other suit, is left open; and that this will be

kept in mind by the learned Judge, while disposing of the suit

as afore.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR OP(C)190/23 ..5..

APPENDIX OF OP(C) 190/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.S. NO.1273 OF 2020 PENDING IN THE COURT OF PRINCIPAL MUNISIFF COURT, THIRUVANANTHAPURAM DATED 20.11.2020 Exhibit P2 TRUE COPY OF THE ORDER OF THE PRINCIPAL MUNISIFF COURT, THIRUVANANTHAPURAM IN I.A. NO.1 OF 2020 IN O.S. NO.1273 OF 2020 DATED 7.12.2020 Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS/DEFENDANTS IN O.S. NO.1273/2020 DATED 20.5.2022 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM RESPONDENT EXHIBITS Exhibit R2(a) True copy of O.S. No. 394/2023 on the file of the Munsiff Court, Thiruvananthapuram Exhibit R2(c) True copy of objection filed by the petitioner and her husband in the application for interim injunction in Suit No. 1191 of 2020 Exhibit R2(d) True copy of the plaint in O.S. No. 859 of 2021 on the file of the Munsiff Court, Thiruvananthapuram Exhibit R2(e) True copy of the written statement filed by the petitioner in O.S. No. 859/2021 Exhibit R2(b) True copy of plaint in O.S. No 1191 of 2020 on the file of the Munsiff Court, Thiruvananthapuram