The Kerala High Court in this petition ordered that the Sub Court at Mavelikkara dispose of a suit for declaration of burial rights within four months if both parties co-operate, based on a report from the trial judge.
Directing the Sub Judge, Mavelikkara to dispose of the underlying suit within four months if the parties co-operate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933
OP(C).No. 1797 of 2011(O)
------------------------OS.180/2008 of SUB COURT, MAVELIKKARA
PETITIONER(S):
K.M.MATHEW, S/O.LATE K.M.MATHEWS, KARIYADI, KATTANAM MURI, KATTANAM VILLAGE, PALLICKAL P.O.
BY ADV. SRI.R.KRISHNA RAJ
RESPONDENT(S):
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO.1797/2011
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 COPY OF PLAINT DATED 21.07.2008 EXT.P2 COPY OF WRITTEN STATEMENT 2.08.2008 EXT.P3 COPY OF ORDER OF SUB COURT DATED 11.11.2008
EXT.P4 COPY OF THE UNDERTAKING BY THE RESPONDENT DATED 17.08.2010 EXT.P5 COPY OF THE ORDER OF THE DISTRICT COURT DATED 31.08.2010
//TRUE COPY//
P.A. TO JUDGE
THOMAS P. JOSEPH, J.
-------------------------------------O.P.(C) No.1797 of 2011 -------------------------------------Dated this the 8th day of July, 2011.
JUDGMENT
Plaintiff in O.S.No.180 of 2008 of the court of learned Sub Judge, Mavelikkara is the petitioner before me seeking an early disposal of the suit. That suit as the learned counsel submits, is for a declaration regarding right of petitioner and members of his family to bury the dead in their family in the suit property and for other reliefs. Petitioner wants an early disposal of the case.
OP(C) No.1797/2011
2
Original Petition is disposed of with the above direction.
THOMAS P.JOSEPH, Judge.
cks
1 issue framed by the court
whether the petitioner could seek expedited disposal of the underlying Suit for declaration of right to bury dead in family property
K.M.MATHEW
ST.STEPHENS MALANKARA ORTHODOX SYRIAN CHRUCH
REV.FATHER JOHN C.EAPEN
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
