Joy vs Sherly Benny
2024 Latest Caselaw 28461 Ker

Kerala High Court

Joy vs Sherly Benny on 25 September, 2024

                                                           2024:KER:71374

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

      WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                         OP(C) NO. 1896 OF 2024

       OS NO.103 OF 2024 OF MUNSIFF MAGISTRATE COURT, KOTHAMANGALAM


PETITIONER/DEFENDANT:

           JOY, AGED 56 YEARS
           S/O ANTONY, CHIRANGATH HOUSE,
           PINDIMANA VILLAGE, MUTHANKUZHI, PINDIMANA.P.O,
           KOTHAMANGALAM TALUK., PIN - 686692


           BY ADVS.C.DILIP
           JIJO JOSEPH, P.N.VIJAYAN NAIR




RESPONDENT/PLAINTIFF:

           SHERLY BENNY, AGED 63 YEARS
           W/O LATE BENNY ABRAHAM, KAKKUZHIYIL HOUSE,
           RAMALLOOR KARA, KOTHAMANGALAM VILLAGE,
           KOTHAMANGALAM TALUK, NOW RESIDING AT SHIVAJI NAGAR,
           MLA ROAD, KUTTUR.P.O, THRISSUR,, PIN - 680013



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(C). No.1896 of 2024                      2

                                                                                  2024:KER:71374

                                   VIJU ABRAHAM, J.
                   .................................................................
                               O.P(C). No.1896 of 2024
                   .................................................................
                  Dated this the 25th day of September, 2024


                                         JUDGMENT

The petitioner has approached this Court seeking expeditious disposal

of Ext.P2 application filed as I.A.No.4 of 2024 in O.S.No.103 of 2024 pending

before the Munsiff's Court, Kothamangalam.

2. When the matter came up for consideration on 03.09.2024 I have called

for a report from the trial court concerned regarding the present stage of the case

wherein it is reported that the case was heard on 16.08.2024 and the learned

counsel for the respondent prayed for some time to produce certain decisions and

hence the I.A. was posted for production of the decisions and for hearing on

20.09.2024. Now the case has been posted to 19.10.2024 for hearing.

Therefore the above original petition is disposed of with a direction to

the Munsiff's Court, Kothamangalam to take up I.A.No.4 of 2024 and dispose of

the same without any delay, at any rate, within an outer limit of two weeks from

19.10.2024.

Sd/-

VIJU ABRAHAM JUDGE

cks 2024:KER:71374

APPENDIX OF OP(C) 1896/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTO COPY OF PLAINT DATED 10.06.2024 IN O.S NO 103 / 2024 ON THE FILES OF MUNSIFF'S COURT, KOTHAMANGALAM.

Exhibit P2 TRUE PHOTO COPY OF I.A NO 4/2024 IN O.S NO 103/2024 DATED 10.06.2024 ON THE FILES OF MUNSIFF'S COURT, KOTHAMANGALAM

Exhibit P3 TRUE PHOTO COPY OF AD INTERIM ORDER PASSED BY THE MUNSIFF'S COURT, KOTHAMANGALAM ON 13.06.2024 IN I.A NO 4/2024 IN O.S NO

Exhibit P4 TRUE PHOTO COPY OF COUNTER AFFIDAVIT DATED 13.07.2024 IN I.A NO 4/2024 IN O.S NO 103/2024 ON THE FILES OF MUNSIFF'S COURT, KOTHAMANGALAM.