Kerala High Court
Kunjamma, W/O John vs Benny on 20 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
OP(C) NO. 430 OF 2024
OS 288/2021 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER(S)/PLAINTIFF:
1 KUNJAMMA, W/O JOHN,
AGED 62 YEARS
RESIDING AT PULICKAL HOUSE, MULAKKULAMKARA,
PIRAVOM VILLAGE, MUVATTUPUZHA TALUK., PIN - 686665
BY ADV SACHIN RAMESH
RESPONDENT(S)/DEFENDANTS 1 TO 7:
1 BENNY,
AGED 51 YEARS
S/O SEBASTIAN, RESIDING AT ARANJANIYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
2 SIBY,
AGED 47 YEARS
S/O SEBASTIAN, RESIDING AT ARANJANIYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
3 BENOY,
AGED 40 YEARS
S/O SEBASTIAN, RESIDING AT ARANJANIYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
4 SABU,
AGED 37 YEARS
S/O SEBASTIAN, RESIDING AT ARANJANIYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
5 JOSPEH
AGED 81 YEARS
S/O PATHROSE , RESIDING AT ARANJANIYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
6 PRAMOD
AGED 37 YEARS
S/O CHELLAPPAN, RESIDING AT CHUNDANPARAYIL HOUSE,
ALAPURAM KARA,ELENJI P.0, ELENJI VILLAGE,
MUVATTUPUZHA TALUK, PIN - 686665
O.P.(C.) No.430 of 2024
2
7 DEVASYA MATHAI,
AGED 56 YEARS
S/O MATHAI , VELLANAL HOUSE ELANJI VILLAGE ,
MUVATTUPUZHA TALUK, PIN - 686665
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.430 of 2024
3
C.JAYACHANDRAN, J.
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O.P.(C.) No.430 of 2024
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Dated this the 20th day of February, 2024
JUDGMENT
The petitioner herein is the plaintiff in O.S.
No.288/2021 pending before the Munsiff's Court,
Muvattupuzha. The petitioner seeks expeditious
disposal of the said appeal.
2. Having regard to the fact that, the appeal
sought to be expedited is of the year 2021, the relief
sought for cannot be granted. The relief, if granted,
would frustrate the legitimate the expectations of those
litigants who have filed cases earlier and who are
waiting in the queue, awaiting adjudication and
disposal.
3. However, this Court notice that the petitioner
is a senior citizen. In the circumstances, the learned
Sub Court will give due priority to the appeal in accord
with the binding O.M. issued by the High Court on the
administrative side, which affords priority to the cases
preferred by the senior citizens.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/20-02
APPENDIX OF OP(C) 430/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S 288/2021 BEFORE
THE HON'BLE MUNSIFF COURT MUVATTUPUZHA
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED IN OS
288/2021 FILED BEFORE THE HON'BLE MUNSIFF COURT
MUVATTUPUZHA
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
PETITIONER HEREIN IN O.S 304/2021 BEFORE THE
HON'BLE MUNSIFF COURT MUVATTUPUZHA
EXHIBIT P4 TRUE COPY OF THE JOINT TRIAL APPLICATION
NUMBERED IA 11/2023 IN OS 304/2021 BEFORE THE
HON'BLE MUNSIFF COURT MUVATTUPUZHA
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
