Kerala High Court
Varghese Samuel vs Mariyamma John on 1 November, 2024
2024:KER:81257
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(C) NO. 2316 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.674 OF 2015 OF
MUSNIFF COURT,ADOOR
PETITIONERS:
1 VARGHESE SAMUEL
AGED 57 YEARS
S/O. SAMUEL THOMAS, THUNDATHILETHU, VADAKKADATHUKAVU
P.O., AYYAMKOIKKAL MURI, ERATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT - 691526, REPRESENTED BY POWER
OF ATTORNEY HOLDER, MONI GEORGE, AGED 61, S/O. MATHEW
GEORGE, MULAYAKONATHU, VELLAKULANGARA, MANAKALA P.O.,
ADOOR TALUK, PATHANAMTHITTA, PIN - 691551
2 SUSAN VARGHESE
AGED 54 YEARS
W/O. VARGHESE SAMUEL, THUNDATHILETHU, VADAKKADATHUKAVU
P.O., AYYAMKOIKKAL MURI, ERATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT - 691526, REPRESENTED BY POWER
OF ATTORNEY HOLDER, MONI GEORGE, AGED 61, S/O. MATHEW
GEORGE, MULAYAKONATHU, VELLAKULANGARA, MANAKALA P.O.,
ADOOR TALUK, PATHANAMTHITTA, PIN - 691551
BY ADVS.
MATHEW KURIAKOSE
T.G.SUNIL (PERUMBAVOOR)
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
SHAJI P.K.
ARUN.S.
PREETHU JAGATHY
RESPONDENTS:
OP(C) No. 2316 of 2024 :2:
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1 MARIYAMMA JOHN
AGED 67 YEARS
D/O. MARIYAMMA JOHN, PADIPPURAYIL HOUSE,
VADAKKADATHUKAVU P.O., AYYAMKOIKKAL MURI, ERATHU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN - 691526
2 STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA,
COLLECTORATE, PATHANAMTHITTA, PIN - 689645
3 TAHSILDAR
ADOOR TALUK, TALUK OFFICE, ADOOR, REVENUE TOWER,
ADOOR, PATHANAMTHITTA, PIN - 691523
4 ADDL. TAHSILDAR (RE SURVEY),
ADOOR TALUK, TALUK OFFICE, ADOOR, REVENUE TOWER,
ADOOR, PATHANAMTHITTA, PIN - 691523
5 TALUK SURVEYOR,
ADOOR TALUK, TALUK OFFICE, ADOOR, REVENUE TOWER,
DOOR, PATHANAMTHITTA, PIN - 691523
6 BINESH T.,
TALUK SURVEYOR, ADOOR TALUK, TALUK OFFICE, ADOOR,
REVENUE TOWER, ADOOR, PATHANAMTHITTA, PIN - 691523
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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VIJU ABRAHAM , J.
===========================
OP(C) No. 2316 of 2024
============================
Dated this the 1st day of November, 2024
JUDGMENT
Petitioners have approached this Court seeking expeditious
disposal of OS No.674 of 2015 filed before the Munsiff Court, Adoor.
2. A report was called for from the Court concerned, wherein
it is reported that originally the suit was listed for trial on
11.01.2023. Thereupon defendants 6 and 7 filed a petition to set
aside the exparte order and the same was allowed. Thereafter
plaintiffs filed a petition to remove the case from the list and it was
removed from the list for considering the survey commission
application filed by the plaintiffs which was allowed and a survey
commission report was filed on 17.07.2024, and the case is now
posted for pre-trial steps. It is also reported that there are other
older matters pending before the Court and that atleast six months
time is required for disposal of the case after completion of pre-trial
steps.
Considering the above facts and circumstances, I am inclined
to dispose of the original petition with a direction to the Munsiff
Court, Adoor to dispose of OS No.674 of 2015 at the earliest, at any
2024:KER:81257
rate within an outer limit of eight months after the pre-trial steps are
completed.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:81257
APPENDIX OF OP(C) 2316/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE PLAINT IN O.S. NO.
674/2015 ON THE FILES OF THE MUNSIFF'S
COURT, ADOOR
Exhibit P 2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE 3RD DEFENDANT ON BEHALF OF
DEFENDANT NOS. 1 TO 4 IN O.S. NO. 674/2015
ON THE FILES OF THE MUNSIFF'S COURT, ADOOR
Exhibit P 3 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE DEFENDANT NOS. 6 AND 7 IN O.S. NO.
674/2015 ON THE FILES OF THE MUNSIFF'S
COURT, ADOOR
Exhibit P 4 TRUE COPY OF THE POWER OF ATTORNEY DATED
09.12.2022 EXECUTED BY THE PETITIONERS
