Kerala High Court
Silvan vs Silvi on 10 October, 2024
O.P.(C) No.2134 of 2024 1
2024:KER:75518
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. 2134 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 03.07.2018 IN OS NO.113
OF 2018 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,
IRINJALAKUDA
PETITIONER/1ST DEFENDANT:
SILVAN,AGED 58 YEARS
S/O PRABHAKARAN, RESIDING IN THE ADDRESS
POOVATHUMKADAVIL HOUSE, ON THE SOUTHERN SIDE
OF THE KOLLANKUZHI TEMPLE, KONATHUKUNNU DESOM,
THEKUMKARA VILLAGE, KONATHUKUNNU P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,,
PIN - 680123
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 3:
1 SILVI,AGED 56 YEARS
W/O NADUMURI RADHAKRISHNAN, ON THE SOUTHERN SIDE
OF THE KOLLANKUZHI TEMPLE, KONATHUKUNNU DESOM,
THEKUMKARA VILLAGE, KONATHUKUNNU P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,,
PIN - 680123
2 SHAJI, AGED 61 YEARS
S/O PRABHAKARAN, ON THE SOUTHERN SIDE
OF THE KOLLANKUZHI TEMPLE, KONATHUKUNNU DESOM,
THEKUMKARA VILLAGE, KONATHUKUNNU P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PINCODE - 680 123, PRESENT ADDRESS SHAJI P P,
DOOR NO 31-29-31, GOVINDHA ROAD, ALLIPURAM ,
VISAKHAPATTANAM, ANDRA PREDESH,, PIN - 530004
3 SHERLY PRAKASAN, AGED 64 YEARS
D/O PRABHAKARAN, ON THE SOUTHERN SIDE
O.P.(C) No.2134 of 2024 2
2024:KER:75518
OF THE KOLLANKUZHI TEMPLE, KONATHUKUNNU DESOM,
THEKUMKARA VILLAGE, KONATHUKUNNU P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PRESENT ADDRESS SHERLY PRAKASAN,
W/O K M PRAKASAN, DOOR NO 18-7-26 ,LINGAM PETA,
1ST STREET -ARYPURAM ,RAJAHMUNDRY -4 ,
ANDHRA PRADESH, PIN - 530004
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.2134 of 2024 3
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VIJU ABRAHAM, J.
.................................................................
O.P.(C) No.2134 of 2024
.................................................................
Dated this the 10th day of October, 2024
JUDGMENT
Petitioner has approached this Court seeking expeditious disposal of
O.S.No.113 of 2018 pending before the Sub Court, Irinjalakuda within a time limit
to be fixed by this Court.
2. When the matter came up for consideration on 25.09.2024 this Court
has called for a report from the trial court concerned regarding the present status
of O.S.No.113 of 2018 wherein it is reported that the defendants entered
appearance and filed written statement and the 3 rd defendant has also filed a
counter claim. Issues were framed and thereupon the plaintiff filed I.A.No.1 of
2022 to appoint an advocate commissioner with survey assistance and the said
application was allowed. It is further reported that the case is now posted for
commission report to 05.11.2024.
Taking into consideration the above facts and circumstances and that
the suit is of the year 2018, the Sub Court, Irinjalakuda shall expedite the
disposal of O.S.No.113 of 2018 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:75518
APPENDIX OF OP(C) 2134/2024
PETITIONER EXHIBITS
OF 2018 ON THE FILE OF THE SUBORDINATE
JUDGE'S COURT, IRINJALAKUDA DATED 3.7.18
Exhibit p2 TRUE COPY OF THE WRITTEN STATEMENT WITH
COUNTER CLAIM BY THE 3RD DEFENDANT IN
EXT P1 SUIT FILED DATED 19.9.23
Exhibit p3 TRUE COPY OF THE PLAINT IN O S NO 68 OF
24 DATED 22.3.24 ON THE FILE OF THE SUB
COURT, IRINJALAKUDA
Exhibit p4 TRUE COPY OF THE REGISTERED WILL OF LATE
RADHA DATED 1.6.10
