Sarada vs Sarassamma
2024 Latest Caselaw 15773 Ker

Kerala High Court

Sarada vs Sarassamma on 6 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                   OP(C) NO. 800 OF 2024
          OS NO.225 OF 2015 OF MUSNIFF COURT,ADOOR
PETITIONER/PETITIONER/PLAINTIFF:

         SARADA
         AGED 71 YEARS
         NILAMEL MUKALIL HOUSE MEELODU MURI PERINGANADU
         VILLAGE ADOOR TALUK PATHANAMTHITTA, PIN - 691554
         BY ADVS.
         PRAMEELA.C.K.
         B.R.MURALEEDHARAN
         NEETHU NALINAKSHAN
         C.K.PREM RAJ


RESPONDENT/DEFENDANTS:

    1    SARASSAMMA
         AGED 70 YEARS
         PANNIVELIKKAL EDAPURAYIL MELOODU MURI PERENGANADU
         VILLAGE ADOOR THALUK PATHANAMTHITTA,
         PIN - 691554
    2    RETNAMMA
         AGED 55 YEARS
         CHARUVULAYIL HOUSE KODUVATTOOR( MUTTOR P.O)
         ODANAVATTAM KOTTARANAKKARA TALUK KOLLAM,
         PIN - 691512
    3    JAGADAMMA
         AGED 50 YEARS
         THADATHIL VEEDU, (GOPIKA SADANAM) ERUMAKKADU,
         NALKKALIKKAL P.O., KIDAGANOOR VILLAGE,
         KOZHENCHERY TALUK, PATHANTHITTA, PIN - 689533
    4    SUDHA
         AGED 49 YEARS
         OONAMKOTTUVILAYIL, KURAMPALA MURI,
 OP(C) NO. 800 OF 2024

                                    - : 2 :-

            KURAMPALA VILLAGE, ADOOR TALUK,
            PATHANTHITTA, PIN - 689501
    5       USHA
            AGED 51 YEARS
            SURENDRAN, PANNIVELIKKAL EDAPPURAYIL,
            MELOODU MURI, PERINGANADU VILLAGE, ADOOR TALUK,
            PATHANAMTHITTA-, PIN - 691554
    6       SURENDRAN
            AGED 52 YEARS
            PANAVELIKKAL EDDAPURAYIL MELOODU MURI PERINGANADU
            VILLAGE ADOOR TALUK PATHANAMTHITTA, PIN - 691554

     THIS     OP   (CIVIL)    HAVING           COME   UP    FOR    ADMISSION   ON
06.06.2024,    THE    COURT    ON      THE       SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 800 OF 2024

                                 - : 3 :-




                          JUDGMENT

This Original Petition has been filed seeking expeditious

disposal of I.A.6 of 2023, which is an application filed under Order 39

Rule 2(a) of CPC and I.A.No.7 of 2024 which is a commission

application.

2. I have called for a report from the learned Munsiff. The

learned Munsiff reported that the commission application has

already been allowed and the case stands posted to 11.06.2024 for

commission report. Without commission report, I.A.No.6 of 2023

cannot be disposed of. Hence, the prayer sought for in this original

petition cannot be granted.

Accordingly, this Original Petition is dismissed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS OP(C) NO. 800 OF 2024

- : 4 :-

APPENDIX OF OP(C) 800/2024

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S. NO.

225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO. 225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P3 THE TRUE COPY OF THE ADVOCATE COMMISSION

EXHIBIT P4 THE TRUE COPY OF THE COMMISSION APPLICATION DATED, 20.05.20232 (I.A. 5/2023) IN O.S. NO.225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 29.05.2023 IN I.A. 1/2020 IN O.S. NO.225/2020 OF MUSIFF COURT, ADOOR EXHIBITP 6 THE TRUE COPY OF THE PROSECUTION PETITION I.A. 6/2023 IN O.S. NO.225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P7 THE PHOTOGRAPH OF THE ACTIVITIES CARRIED OUT BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES ON 26.05.2023 EXHIBIT P8 THE PHOTOGRAPH OF THE ACTIVITIES CARRIED BY THE RESPONDENT IN THE SCHEDULE PROPERTIES ON 30.05.2023 EXHIBIT P9 THE PHOTOGRAPHS OF THE ILLEGAL ACTIVITIES CONTINUED BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES EXHIBIT 9(A) THE PHOTOGRAPHS OF THE ILLEGAL ACTIVITIES CONTINUED BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES OP(C) NO. 800 OF 2024

- : 5 :-

EXHIBIT P10 THE TRUE COPY OF THE COMMISSION APPLICATION IN I.A. 7/2024 IN O.S. NO.225/2020 OF MUSIFF COURT, ADOOR