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Kerala High Court
Choyichi vs Narayani on 8 January, 2026
O.P(C).No.3261 of 2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
OP(C) NO. 3261 OF 2016
OS NO.374 OF 2015 OF ADDITIONAL MUNSIFF, KASARAGOD
PETITIONER:
CHOYICHI
AGED 75 YEARS, W/O.LATE APPU,
RESIDING AT VALLIYOD HOUSE, K
ALANAD VILLAGE, KALANAD PO,
KASARAGOD DISTRICT-671317.
BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENTS:
1 NARAYANI
AGED 62 YEARS, D/O.KUNHAMMA,
W/O.LATE KUMARAN, RESIDING AT ASHWATHI VALLIYOD,
POST KALANAD, KALANAD VILLAGE,
KASARAGOD DISTRICT-671317
2 KUMARAN
AGED 60 YEARS, S/O.KUNHAMMA VALLIYOD,
C.20347, OSEAR ORCHARDS, 15TH CROSS,
NEAR CENTRAL LIBRARY SAHAKARA NAGAR,
BANGLORE NORTH, SHANLARAMAGAR POST,
BANGLORE, KARNATAKA-562 149
3 KATHAYANI
AGED 58 YEARS, D/O.KUNHAMMA,
W/O.KRISHNAN, THALIPPADAPPU HOUSE,
CASHEW FACTORY ROAD, POST KASARAGOD,
KASARAGOD DISTRICT-671121
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4 APPAKUNHU
AGED 73 YEARS, S/O.LATE PAKKEERAN VYDYAR,
VELLIYOD HOUSE, PO KALANAD,
KALANAD VILLAGE,
KASARAGOD DISTRICT-671317
5 CHITTAI
AGED 80 YEARS, D/O.LATE PAKKEERAN VYDYAR,
VEENEETHALAYAM, VALLIYOD,POST KALANAD,
KALANAD VILLAGE, KASARAGOD DISTRICT-671317
6 JANAKI
AGED 72 YEARS, W/O.LATE KANNAN,
KUMAR NIVAS,MANGAD, BARA VILLAGE AND POST,
HOUDURG TALUK, KASARAGOD DISTRICT-671121
7 NARAYANI
AGED 60 YEARS, W/O.LATE NARAYANAN,
VELLIYOD HOUSE, KALANAD VILLAGE,
KASARAGOD TALUK,KASARAGOD DISTRICT-671317
8 LAXMI
AGED 42 YEARS, D/O.LATE NARAYANAN,
W/O.VIJAYAN, RESIDING AT VALLIYOD HOUSE, POST
KALANAD, KALANAD VILLAGE, KASARAGOD DISTRICT-
671317
9 MEENA KUMARI
AGED 38 YEARS, D/O.LATE NARAYANAN, VALLIYOD
HOUSE, POST KALANAD, KASARAGOD DISTRICT-671317
0 PREMA
AGED 36 YEARS, D/O.LATE NARAYANAN,
RESIDING AT VALLIYOD HOUSE,
POST KALANAD, KALANAD VILLAGE,
KASARAGOD DISTRICT-671317
11 SHEELA
AGED 33 YEARS, D/O.LATE NARAYANAN,
RESIDING AT VALLIYOD HOUSE, HOUSEHOLD,
POST KALANAD, KASARAGOD DISTRICT-671317.
12 SHOBHA
AGED 30 YEARS, D/O.LATE NARAYANAN,
VALLIYOD HOUSE,POST KALANAD,
KASARAGOD DISTRICT-671317
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13 NARAYANI
AGED 73 YEARS, W/O.LATE RAMAN,
POYYAKKAL HOUSE, CHATHANKAI, KALANAD
VILLAGE,CHANDRAGIRI POST,
KASARAGOD DISTRICT-671317
14 BHASKARAN
AGED 52 YEARS, S/O.LATE RAMAN,
POYYAKKAL HOUSE, CHATHANKAI,
KALANAD VILLAGE,POST CHANDRAGIRI,
KASARAGOD DISTRICT-671317
15 ROHINI
AGED 48 YEARS, D/O. LATE RAMAN, RESIDING AT
POYYAKKAL HOUSE, KALANAD VILLAGE, POST
CHANDRAGIRI, CHATTANKAI, KASARAGOD DISTRICT-
671317
16 BABY
AGED 43 YEARS, D/O. LATE RAMAN, RESIDING AT
POYYAKKAL HOUSE, KALANAD VILLAGE,
POST CHANDRAGIRI, CHATHAKAI,
KASARAGOD DISTRICT-671317
17 CHANDRAVATHI
AGED 50 YEARS
50 YEARS, D/O. LATE RAMAN,
RESIDING AT POYYAKKAL HOUSE,
KALANAD VILLAGE, POST CHANDRAGIRI,
KASARAGOD DISTRICT-671317
18 BALAKRISHNAN
AGED 52 YEARS, RESIDING VALLIYOD HOUSE,
KALANAD VILLAGE, KALANAD PO,
KASARAGOD DISTRICT-671317
19 KUNHAMMA
AGED 50 YEARS, RESIDING VALLIYOD HOUSE,
KALANAD VILLAGE, KALANAD PO,
KASARAGOD DISTRICT-671317
0 SULOCHANA
AGED 48 YEARS, D/O.APPU,
RESIDING VALLIYOD HOUSE, KALANAD VILLAGE,
KALANAD PO, KASARAGOD DISTRICT-671317
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21 DAMODHARAN
AGED 46 YEARS, RESIDING VALLIYOD HOUSE,
KALANAD VILLAGE, KALANAD PO,
KASARAGOD DISTRICT-671317
22 PRAKASH
AGED 44 YEARS, RESIDING VALLIYOD HOUSE,
KALANAD VILLAGE, KALANAD PO,
KASARAGOD DISTRICT-671317
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P. KRISHNA KUMAR, J.
------------------------------------------------------
O.P(C).No.3261 of 2016
-------------------------------------------------------
Dated this the 8th day of January, 2026
JUDGMENT
This Original Petition is filed by the first defendant in
O.S.No.374/2015 on the file of the First Additional Munsiff Court,
Kasaragod. The Original Petition is filed with the following reliefs:-
" i) To call for the records of OS 374/2015 on the file of
Additional Munsif Court Kasaragod and peruse the same.
ii) Issue an order or direction to the Additional Munsif Court
Kasaragod to grant sufficient time to the parties to take steps to
produce entire records in OA No. 2109/1975 from the Deputy
Collector LR Kasaragod and Appellate Authority Kannur in OA
No. 32/2002 and
iii) Issue an order or direction to the Additional Munsif Court
Kasaragod remove OS No. 374/2015 from the special list of
December 2016 and
iv) Further direction to include it only after completion of the
entire steps including production of entire records in OA No.
2109.1975 from the deputy collector LR Kasaragod before court
for the ends of justice."
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2. During the course of hearing, the learned counsel
appearing for the petitioner submitted that even though the Original
Petition was filed in the year 2016 for getting some time to obtain
certain records and to stay the further proceedings in the suit until
then, the petitioner is yet to receive all the documents.
3. This Original Petition was filed on 17/12/2016. As
noted above, the grievance of the petitioner is only that the learned
Additional Munsiff shall not proceed with the Trial of the suit without
affording an opportunity to the petitioner to obtain necessary records.
Even after the lapse of nine years, the petitioner is not able to obtain
all those records. The petitioner has thus no choice but to proceed
with the matter with the available records. In view of the above facts,
the Original Petition is disposed of as follows:-
(a) The learned Munsiff is directed to proceed with the
trial of the matter after giving three months time to both
sides to take all necessary pre-trial steps.
(b) If the petitioner is unable to obtain the records
within the said time limit, she shall proceed with the
trial with available records.
(c) Considering the inordinate delay that occurred due
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to the pendency of this original petition, the trial court is
directed to dispose of the matter at the earliest.
Sd/-
P. KRISHNA KUMAR
JUDGE
Jms
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APPENDIX OF OP(C) NO. 3261 OF 2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT OS.NO.374 OF
2015 FILED BEFORE THE MUNSIFF COURT,
KASARAGOD DATED 6.11.2015
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
OS.NO. 374/2015 DATED 12.2.2016
EXHIBIT P2(A) TRUE COPY OF THE MEMO FILED BEFORE THE
MUNSIFF COURT, KASARAGOD, IN
O.S.NO.374/2015 DATED 4.2.2016
EXHIBIT P3 TRUE COPY OF THE I.A.1454/2016 IN OS
NO.374/2015 FILED BEFORE THE ADDITIONAL
MUNSIFF, KASARAGOD DATED 21.6.2016
EXHIBIT P4 TRUE COPY OF THE IA 1795/2016 IN
OS.NO.374/2015 DATED 5.8.2016
EXHIBIT P5 TRUE COPY OF THE I.A.NO.2404/2016 IN
OS.NO.374/2015 DATED 16.11.2016
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE I.A. NO.1/2024 IN O.S.
NO.374/2015 ON THE FILE OF THE
PRINCIPAL MUNSIFF COURT, KASARAGOD
DATED 2.4.2024
Exhibit R3(b) TRUE COPY OF THE I.A. NO.2/2024 IN O.S.
NO.374/2015 ON THE FILE OF THE
PRINCIPAL MUNSIFF COURT, KASARAGOD
DATED 19.7.2024
