Prabha Martha Chacko vs Santha Mary Chacko
2024 Latest Caselaw 33325 Ker

Kerala High Court

Prabha Martha Chacko vs Santha Mary Chacko on 15 November, 2024

O.P (C) No.2596 of 2024                 1


                                                       2024:KER:85365

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                          OP(C) NO. 2596 OF 2024

          AGAINST THE ORDER DATED 08.11.2024 IN IA NO.12/2024 IN OS

NO.11 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL

COURT, CHAVAKKAD


PETITIONER/PETITIONER/1ST DEFENDANT:
           PRABHA MARTHA CHACKO,AGED 70 YEARS
           W/O. MOHAN GEORGE, D/O. PANNAKKAL CHACKO ,
           KUTTIKANDATH HOUSE, PANTHALAM PADAM,
           VADAKKANCHERRY P.O, PALAKKAD DISTRICT, PIN - 678683


              BY ADVS. MAHESH V.MENON
              RAJITHA V.K



RESPONDENTS/RESPONDENTS/PLAINTIFFS/DEFENDANTS 2 & 3:
     1     SANTHA MARY CHACKO, AGED 67 YEARS
           W/O.SHERI, CHATHURUTHIL HOUSE,CHETTIKULAM,
           IRATTAKULAM, NALLEPULLY VILLAGE,CHITOOR TALUK,
           PALAKKAD DISTRICT, PIN - 678622

      2       ELIZABATH CHACKO , AGED 60 YEARS
              W/O K.P.SUNNY, TC 27/283,AKASH LANE, TARA268,
              VANCHYOOR P.O, THIRUVANANTHAPURAM DISTRICT,
              PIN - 695035

      3       CHACKO PHILIP,AGED 65 YEARS
              S/O.P.K. CHACKO, PANAKKAL HOUSE, V.V ENCLAVE,
              P.C ROAD, KALOOR ,ERNAKULAM, PIN - 682017

      4       JOICYKUTTY,AGED 60 YEARS
              D/O SKARIYA, MULLASSERY HOUSE, VENGALOOR,
              THODUPUZHA, IDUKKI DISTRICT, PIN - 685608


       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P (C) No.2596 of 2024                               2


                                                                                   2024:KER:85365

                                    VIJU ABRAHAM, J.
                    .................................................................
                                O.P (C) No.2596 of 2024
                    .................................................................
                    Dated this the 15th day of November, 2024


                                            JUDGMENT

The specific case of the petitioner is that the copy of the order

dated 08.11.2024 in I.A.No.12 of 2024 in O.S.No.11 of 2022 on the file of

the Sub Court, Chavakkad has not been served on the petitioner in spite of

the fact that she has applied for carbon copy of the same by CF No.4528.

In view of the above, the original petition is disposed of with a

direction to the Sub Court, Chavakkad to issue a carbon copy of the order

dated 08.11.2024 in I.A.No.12 of 2024 in O.S.No.11 of 2022 to the

petitioner within a period of one week from the date of receipt of a copy of

this judgment. All further proceedings in O.S.No.11 of 2022 on the file of the

Sub Court, Chavakkad will stand stayed for a period of two weeks from

today so as to enable the petitioner to challenge the same.

Sd/-

VIJU ABRAHAM JUDGE

cks

2024:KER:85365

APPENDIX OF OP(C) 2596/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF OS NO. 11/2022 ON THE FILES OF THE SUB COURT, CHAVAKKAD FILED BY THE 1ST AND 2ND RESPONDENTS

Exhibit P2 A TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER HERE IN OS NO. 11/2022 ON THE FILES OF THE SUB COURT, CHAVAKKAD

Exhibit P3 A TRUE COPY OF WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT HERE IN OS NO. 11/2022 ON THE FILES OF THE SUB COURT, CHAVAKKAD

Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 29.07.2024 IN OP(C) NO. 1463/2024

Exhibit P5 THE PETITIONER IS ACCOMPANYING HIM IN THE HOSPITAL. A TRUE COPY OF CERTIFICATE ISSUED BY THE DOCTOR TREATING HIM

Exhibit P6 A TRUE COPY OF IA 12/2024 IN OS NO.

11/2022 ON THE FILES OF THE SUB COURT, CHAVAKKAD FILED BY THE PETITIONER

Exhibit P7 A TRUE COPY OF E-COURT PROCEEDINGS DATED 08.11.2024 OF OS NO. 11/2022 ON THE FILES OF THE SUB COURT, CHAVAKKAD DISMISSING EXT P6 PETITION