The High Court of Kerala dispensed with notice to respondents and ordered the trial court to dispose of an old suit concerning boundary fixation and permanent prohibitory injunction within three months, prioritizing senior citizen petitioners.
Notice dispensed; trial court directed to dispose of O.S. No.461/96 within three months from receipt of this judgment.
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 K.HARILAL
THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938
OP(C).No. 1458 of 2016 (O)
OS.NO. 461/1996 OF MUNSIFF COURT, PUNALUR
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PETITIONER(S):
1. FRANCIS, S/O.LATE REV. FR.C.M.MATHAI, CHENGARAMPALLIL, ANAPPUZHACKAL, CHEMPAKARAMANALLOOR VILLAGE, EDAMULAKKAL, ANCHAL, KOLLAM.
2. MATHEW, S/O. SKARIA, CHENGARAMPALLIL, ANAPPUZHACKAL,
CHEMPAKARAMANALLOOR VILLAGE, EDAMULAKKAL, ANCHAL, KOLLAM.
3. GRACY, W/O. LUKOSE SCHARIAH, CHENGARAMPALLIL, ANAPPUZHACKAL, CHEMPAKARAMANALLOOR VILLAGE, EDAMULAKKAL, ANCHAL, KOLLAM.
4. ANNAMMA KORUTHU, W/O. LATE KORUTHU, CHENGARAMPALLIL, ANAPPUZHACKAL, CHEMPAKARAMANALLOOR VILLAGE, EDAMULAKKAL, ANCHAL, KOLLAM.
5. BINDU JAMES, W/O. JAMES,CHENGARAMPALLIL, ANAPPUZHACKAL,
CHEMPAKARAMANALLOOR VILLAGE, EDAMULAKKAL, ANCHAL, KOLLAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENT(S):
1. SRI.VARGHESE THOMAS, S/O. VARGHESE, THANDUVILA HOUSE,
ANAPUZHAKKAL, CHEMBAKARAMANELLOOR, EDUMULAKKAL,ANCHAL,KOLLAM- 691 306
2. THE ASSISTANT DIRECTOR OF RE-SURVEY, OFFICE OF THE ASSISTANT DIRECTOR OF RE-SURVEY, CHINNAKKADA, KOLLAM- 691 001
2/-
-2-
OP(C).NO.1458/2016
3. THE RE-SURVEY SUPERINTENDENT, RE-SURVEY OFFICE, ANCHAL P.O, KOLLAM, PIN -691 306
4. THE DISTRICT COLLECTOR, COLLECTORATE, CUTCHERY P.O, KOLLAM- 691 013
5. THE EDAMULAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDAMULAKKAL P.O, ANCHAL, KOLLAM, PIN -691 306
R2 TO R4 BY GOVERNMENT PLEADER SRI.M.K.ABOOBACKER
sts
OP(C).No. 1458 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 THE TRUE COPY OF THE JUDGMENT DATED 19/07/1999 IN O.S NO 461/1999 OF THE MUNSIFF COURT, PUNALUR
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K.HARILAL, J.
O.P.(C). No.1458 of 2016
Dated this the 16th day of June, 2016
JUDGMENT
Since the relief sought for is not prejudicial to
the respondents, notice to respondents will stand dispensed with.
are senior citizens aged 74, 61 and 68 respectively. Their apprehension is that they may not enjoy the
OP(C).1458/16 :2:
fruits of the decree, if the same is not disposed in a near future. The case is being adjourned unnecessarily, without considering the fact that it was filed as early in the year 1996. Hence the petitioners prayed for a direction to the trial court to dispose the case within a time frame.
is one filed two decades back, this Court is inclined to issue a direction to the trial court to dispose the case at the earliest. The Munsiff's Court, Punalur shall dispose O.S. No.461/96 within a period of three months from the date of receipt of a copy of this judgment.
This original petition is disposed of accordingly.
Sd/K. HARILAL, JUDGE
okb/20.6
1 issue framed by the court
Whether an order dispensing with notice and directing disposal of a suit within three months is maintainable.
Francis
Mathew
Gracy
Annamma Koruthu
Bindu James
Varghese Thomas
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
