Citation : 2024 Latest Caselaw 32067 Ker
Judgement Date : 7 November, 2024
O.P.(C).No.2248 of 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
OP(C) NO. 2248 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.412 OF 2013
OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER/S:
DR. A.V JACOB
AGED 84 YEARS
S/O. LATE V.I VARKEY, RESIDING AT VARAMBINAKOM
HOUSE, VALANJAVATTOM P.O., THIRUVLLA., PIN - 689024
BY ADVS.
MATHEW THOMAS
NIKITTA TRESSY GEORGE
DIPAK CHERIAN ABRAHAM
RESPONDENT/S:
1 SARA GEORGE
D/O. LATE K.M. PAUL AND THANKAMMA PAUL, RESIDING
AT 13 A WHITE WATER APARTMENTS, KUNDANNUR
JUNCTION, KOCHI., PIN - 682013
2 MATHEW PAUL
S/O. LATE K.M. PAUL AND THANKAMMA PAUL, RESIDING
AT A4, GCDA HIG FLATS, KARSHAKA ROAD, KOCHI., PIN
- 682016
3 ELDO PAUL MATHEW
S/O. MATHEW PAUL, RESIDING AT A4, GCDA HIG FLATS,
KARSHAKA ROAD, KOCHI., PIN - 682016
4 PAUL JACOB
S/O. DR. A.V. JACOB AGED 73 YEARS, S/O. LATE
O.P.(C).No.2248 of 2024 2
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V.I.VARKEY, VARAMBINAKOM HOUSE, VALANJAVATTOM
P.O., THIRUVALLA, PIN - 689024
5 DR. GEORGE JACOB
S/O., DR. A.V. JACOB, VARAMBINAKOM HOUSE,
VALANJAVATTOM P.O., THIRUVALLA., PIN - 689024
6 REYA MATHEW
D/O. DR. A.V. JACOB, VARAMBINAKOM HOUSE,
VALANJAVATTOM P.O., THIRUVALLA., PIN - 689024
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.2248 of 2024 3
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VIJU ABRAHAM, J.
--------------------
O.P.(C).No.2248 of 2024
--------------------------------
Dated this the 7th day of November, 2024
JUDGMENT
The petitioner has approached this Court seeking
expeditious disposal of OS No.412 of 2013 pending
before the Munsiff's Court, Muvattupuzha.
2. A report was called for from the trial court
concerned, wherein it is reported that the hearing
on the side of the plaintiff side was over on
7.10.2023 and defendant No.6 was also heard on
25.06.2024 and the 4th respondent filed an
application seeking adjournment of the case to any
other day after 23.10.2024 due to health issues and
the same was allowed and the case was posted for
hearing to 26.10.2024 and the case was adjourned on
that day and now the case is posted to 16.11.2024
noting that no further time will be granted.
3. Taking into consideration the fact that the
suit is of the year 2013 and the hearing of the
plaintiff is over as early as 7.10.2023, the trial
2024:KER:82936
court should see that the suit is disposed of
without any delay. Therefore, I am inclined to
dispose of the original petition with a direction to
the Munsiff's Court, Muvattupuzha to dispose of OS
No.412 of 2013, without any delay, at any rate,
within an outer limit of three months from the next
posting date.
sd/-
VIJU ABRAHAM,JUDGE
pm
2024:KER:82936
APPENDIX OF OP(C) 2248/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF O.S 412 OF 2013 DATED 16.08.2013 FILED BY THE PLAINTIFFS BEFORE LEARNED MUNSIFF'S COURT, MUVATTUPUZHA
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT DATED 27.05.2014 IN O.S 412 OF 2013 BEFORE LEARNED MUNSIFF'S COURT, MUVATTUPUZHA
Exhibit P2(a) TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT DATED 28.05.2016 IN O.S 412 OF 2013 BEFORE LEARNED MUNSIFF'S COURT, MUVATTUPUZHA
Exhibit P2(b) TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 5TH RESPONDENT DATED 14.08.2014 IN O.S 412 OF 2013 BEFORE LEARNED MUNSIFF'S COURT, MUVATTUPUZHA
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