Jacob vs Anto
2024 Latest Caselaw 29185 Ker

Kerala High Court

Jacob vs Anto on 10 October, 2024

O.P.(C) No.2090 of 2024               1

                                                      2024:KER:75513
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                          OP(C) NO. 2090 OF 2024

                  OS NO.930 OF 2021 OF MUNSIFF COURT,CHAVAKKAD


PETITIONER/DEFENDANT:

              JACOB, AGED 80 YEARS
              S/O TATHRATHIL JOSEPH THIRUNELLUR DESOM,
              MULLASSERY AMSOM, CHAVAKKAD TALUK,
              THRISSUR DISTRICT, PIN - 680508


              BY ADVS.
              SUMODH MADHAVAN NAIR
              K.S.PRAVEEN




RESPONDENT/PLAINTIFF:

              ANTO, AGED 53 YEARS
              S/O TATHRATHIL THOMAS, THIRUNELLUR DESOM
              MULLASSERY AMSOM,PO: THIRUNELLUR,CHAVAKKAD TALUK,
              THRISSUR DISTRICT, PIN - 680508



       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.2090 of 2024                               2

                                                                                   2024:KER:75513
                                   VIJU ABRAHAM, J.
                   .................................................................
                               O.P.(C) No.2090 of 2024
                   .................................................................
                    Dated this the 10th day of October, 2024

                                         JUDGMENT

The above original petition has been filed seeking expeditious

disposal of O.S.No.930 of 2021 pending before the Munsiff's Court,

Chavakkad within a time limit to be fixed by this Court.

2. A report was called for from the trial court concerned regarding

the present stage of the suit wherein it is reported that the case is now

posted to 30.10.2024 for written statement on counter claim. It is also

reported that there are several other old matters pending consideration

before the court, of which in four cases time bound disposal was also

ordered.

Taking into consideration the fact that the petitioner is aged 80, I

am inclined to dispose of the original petition with a direction to the

Munsiff's Court, Chavakkad to expedite the disposal of O.S.No.930 of

2021 preferably within an outer limit of nine months after the pre-trial steps

are completed.

Original petition is disposed of as above.

Sd/-

VIJU ABRAHAM JUDGE cks

2024:KER:75513 APPENDIX OF OP(C) 2090/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT DATED 10/11/2021 PREFERRED BY THE RESPONDENT HEREIN BEARING NUMBER OS 930 / 2021 AND PENDING CONSIDERATION BEFORE THE CHAVAKKAD MUNSIFF COURT AT THRISSUR

Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM PREFERRED BY THE PETITIONER HEREIN IN OS 930/ 2021 PENDING CONSIDERATION BEFORE THE MUNSIFF COURT CHAVAKKAD AND DATED 3/7/2023

Exhibit P3 A TRUE COPY OF THE AFFIDAVIT PREFERRED BY THE PETITIONER FOR ACCEPTING THE WRITTEN STATEMENT AND COUNTER CLAIM DATED 3/7/2023