Kerala High Court
Lillian Cecelia Bayer vs Rosebud Mariam Jacintha Callaghan on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
OP(C) NO. 989 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.283 OF 2023 OF
ADDITIONAL MUNSIFF COURT,KOCHI
PETITIONER:
LILLIAN CECELIA BAYER AGED 41 YEARS D/O. LARRY ANTONY
BAYER (LATE)RESIDING AT "CROTHER", PARSHANE, MEPPADI,
WAYANAD DISTRICT, PIN - 673577
BY ADVS. JACOB CHACKO B.V.JOY SANKAR P.SUJITH KUMAR
MATHEWS JOSEPH HASEENA A.A. GEORGE JOSEPH
(ITTANKULANGARA) SAJITH PAUL MATHEW N.A.SHAJI
RESPONDENTS:
1 ROSEBUD MARIAM JACINTHA CALLAGHAN D/O. LATE
NAZIANGREGORY BAYER, AGED 74 YEARS, NO.1, PARANJYOTHI
ROAD, FRASER TOWN, BANGALORE, PIN - 560005
2 AVRIL ROSILIA BAYER AGED 76 YEARS, D/O. LATE NAZIAN
GREGORY BAYER, P.I.D. NO.5, HUTCHIN'S ROAD, COOKE
TOWN , BANGALORE, PIN - 560085
3 YVONNE PATRICIA DOYLE AGED 85 YEARS D/O. LATE NAZIAN
GREGORY BAYER, D4 SONA COMPLEX, RAJAN NAGAR, ABRAMA
VALSAD, GUJARAT, PIN - 396001
4 WINSTON BAYER AGED ABOUT 89 YEARS, RETIRED EMPLOYEE
INDIAN AIRFORCE, RESIDING AT `BELVEDERE', 117 VELLORE
ROAD, PODANUR, COIMBATORE, TAMIL NADU, PIN - 641023
5 BERNADETTE BAYER AGED ABOUT 84 YEARS, RETIRED TEACHER,
RESIDING AT `BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU, PIN - 641023
6 NANCY BAYER AGED ABOUT 87 YEARS, W/O. LATE ALROY
BAYER, HOUSE WIFE, RESIDING AT `BELVEDERE', 117
VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU,, PIN -
641023
7 CHRISTOPHER AGED ABOUT 46 YEARS, S/O. LATE ALROY
BAYER, OFFICE EMPLOYEE, RESIDING AT `BELVEDERE', 117
VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU,, PIN -
641023
8 ANNABELLE AGED ABOUT 44 YEARS, D/O. LATE ALROY BAYER,
HOUSE WIFE, RESIDING AT `BELVEDERE', 117 VELLORE
O.P.(C)No.989 OF 2024
2
ROAD, PODANUR, COIMBATORE, TAMIL NADU ., PIN - 641023
9 P J PETER AGED ABOUT 56 YEARS, S/O. JOSEPH, BUSINESS,
PUNNAKKAL HOUSE, PADINJARA MURIYIL, RAMESWARAM,
THOPPUMPADY VILLAGE, THOPPUMPADY P.O., ERNAKULAM, PIN
- 682005
10 PRADEEP KUMAR C AGED ABOUT 48 YEARS, S/O. LATE A
CHELLAPPAN, `LE DE MAISON', JANATHA ROAD, PANANGAD
DESOM, KUMBALAM VILLAGE,PANANGAD P.O., ERNAKULAM
DISTRICT, PIN - 682506
11 LEEMA PRADEEP AGED ABOUT 44 YEARS, W/O.PRADEEP KUMAR
C, HOUSE WIFE, `LE DE MAISON, JANATHA ROAD, PANANGAD
DESOM, KUMBALAM VILLAGE, PANANGAD P.O., ERNAKULAM
DISTRICT, PIN - 682506
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.989 OF 2024
3
JUDGMENT
Dated this the 25th day of April 2024
The prayer in this petition is to direct
Additional Munsiff, Kochi to consider and dispose of
Exhibits P5 and P7 petitions within a time frame to be
fixed by this Court. On the last posting date, the
report of the court concerned was called for pursuant
to which the learned Additional Munsiff Kochi has filed
a report dated 24.05.2024, stating that 4 weeks time
from 15.06.2024 is required for disposing of the
applications.
2. Heard both sides.
In the light of the report that has been filed,
the court concerned is directed to dispose of the matter
within a period of 4 weeks from 20.05.2024.
This original petition is disposed of as above.
Sd/-
C.S.SUDHA
JUDGE
SSK/25/04
O.P.(C)No.989 OF 2024
APPENDIX OF OP(C) 989/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT IN O.S. NO.283 OF 2023 OF
ADDL. MUNISIFF'S COURT AT KOCHI & INJUNCTION
PETITION (WITHOUT DOCUMENTS) FILED ON 22/11/2023
FILED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF PLAINT IN IN OS NO.232/2009 OF SUB
COURT KOCHI
Exhibit P3 TRUE COPY OF COMMON JUDGMENT IN RFA 159/2014 AND
RFA 211/2014 OF THIS HON'BLE COURT DATED 19.12.22
Exhibit P4 TRUE COPY OF ORDER IN SPECIAL LEAVE PETITION
(CIVIL) NO. 15974/2023 DATED 14.08.2023 OF SUPREME
COURT OF INDIA DOWNLOADED FROM THE OFFICIAL
WEBSITE OF SUPREME COURT OF INDIA
Exhibit P5 TRUE COPY OF THE I.A. NO.2 OF 2023 LN O.S. NO.283
OF 2023 OF ADDL. MUNISIFF'S COURT AT KOCHI DATED
20.11.2023 FILED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
PETITIONER IN I.A. NO.2 OF 2023 IN O.S. NO.283 OF
2023 OF ADDL.MUNISIFFS COURT AT KOCHI SUBMITTED ON
18.12.2023
Exhibit P7 TRUE COPY OF I.A. NO.11 OF 2024 IN O.S. NO.283 OF
2023 OF ADDL.MUNISIFF'S COURT AT KOCHI FILED BY THE
PETITIONER
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
