Allowed

K.T.Joseph v. Thomas and Others

Kerala HC19 Jan 2009WP(C)/1027/2009

Case brief

AI extract

What is this about?

The High Court directed the Munsiff Court to remove a specific civil suit from its list and grant both parties reasonable time to complete pre-trial steps, citing a report that insufficient time had been afforded for such steps.

What did the court decide?

Direction to the Munsiff, Changanassery to remove O.S.No.333/07 from the list and grant reasonable time to both parties to take pre-trial steps.

K.T.Joseph Vs Thomas and Others — Civil Procedure and Limitation | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930

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WP(C).No. 1027 of 2009(V)

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------------------------------------------OS.333/2007 of MUNSIFF COURT, CHANGANACHERRY ....................

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PETITIONER:

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K.T.JOSEPH, AGED 57, S/O.THOMAS, KAINIKARA HOUSE,VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY, KOTTAYAM DIST.REP.BY P/A.HOLDER SHIBU K,S/O.DEVASSIA THOMAS,KANIKKARA HOUSE, THRIKODITHANAM VILLAGE, KODINATTUMKUNNU,CHANGANASSERY TALUK, KOTTAYAM DISTRICT.

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BY ADV. SRI.T.K.VIPINDAS

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RESPONDENTS:

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THOMAS, S/O.DEVASSIA, KAINIKARA HOUSE, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK NOW RESIDING AT INDUSTRIAL ESTATE AREA, VEROOR MURI,CHETHIPUZHA VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DIST.

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THRESSIAMMA, W/O.THOMAS, DO. DO.

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CHANDY,S/O.THOMAS,KAINIKARA HOUSE, VEROOR MURI,CHETHIPUZHA VILALGE, CHANGANACHERRY,KOTTAYAM DISTRICT.

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GEORGE JOSEPH,VALIYAPARAMBIL, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY, KOTTAYAM DISTRICT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.P. Balachandran, J.

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W.P.(C)No.1027 of 2009 V

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JUDGMENT

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The prayer in this writ petition is for a

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direction being issued to the court below to remove O.S.No.333/07 from the list and grant reasonable opportunity to the petitioner to take steps in the case.

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2.Petitioner is the plaintiff in O.S.No.333/07 on the file of the Munsiff's Court, Changanassery. Report is received from the Munsiff, Changanassery. It shows that no sufficient time was afforded to the parties to take pre-rial steps. In the result, I direct the Munsiff, Changanassery to remove the suit O.S.No.333/07 on the file of his court from the list and grant reasonable time to both sides to take all pre-trial steps that they want. petitioner shall produce a copy of this judgment before the Munsiff, Changanassery with notice to the counsel for the respondents/defendants, as this writ petition is being disposed of without notice

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WPC 1027/09 2

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to them. It shall be done positively within one week from today.

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The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently.

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19^th January, 2009 (K.P.Balachandran, Judge) tkv

K.T.Joseph v. Thomas and Others

Case brief

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K.T.Joseph v. Thomas and Others

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