Disposed

Sheeba Sebastian v. Bruslin

Kerala HC6 Sept 2016OP(C)/1646/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in an original petition filed by an auction purchaser (who is also a plaintiff in a pending suit) praying for time-bound disposal, directed the subordinate trial court to conclude the pending suit within six months. The petitioner, a vulnerable elderly woman residing with her mother, alleged harassment and lack of support to manage the litigation. The court directed the t

What did the court decide?

Directed the trial court to dispose of O.S. No.1225/2011 within six months from the date of the order.

Sheeba Sebastian Vs Bruslin — Specific Performance | Kerala HC (2016)

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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.HARILAL

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FRIDAY, THE 8TH DAY OF JULY 2016/17TH ASHADHA, 1938

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OP(C).No. 1646 of 2016 (O)

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OS.NO.1225/2011 OF PRL.SUB COURT, THRISSUR

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PETITIONER/AUCTION PURCHASER:

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SHEEBA SEBASTIAN, AGED 45 YEARS, D/O.CHALISSERY RAPPAI, NEAR N.R.C.BUS STAND, NELLIKUNNU DESOM, OLLUKARA VILLAGE, THRISSUR.

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BY ADVS.SMT.I.SHEELA DEVI SMT.V.T.KAVITHA

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RESPONDENT/PLAINTIFFS:

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1. BRUSLIN, S/O.M.A.SEBASTIAN, S/O.MANJALI AUGUSTHY, C/O.M.A.THOMAS, MANJALI HOUSE, M.G.MENON NAGAR, NADATHARA.P.O,THRISSUR,PIN-680 751.

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2. M.A.SEBASTIAN, S/O.MANJALI AUGUSTHY, C/O.M.A.THOMAS,MANJALI HOUSE, M.G.MENON NAGAR, NADATHARA.P.O,THRISSUR,PIN-680 751.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 1646 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 A TRUE COPY OF THE O.S.NO.1225/2011 PENDING BEFORE THE HONOURABLE SUB COURT AT THRISSUR. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------------

/TRUE COPY/

P.S.TO JUDGE

sts

K. HARILAL, J.

O.P. (C) No. 1646 of 2016-O

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Dated this the 8^th day of July, 2016

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JUDGMENT

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The petitioner is the plaintiff in O.S. No.1225/2011 on the files of the Sub Court, Thrissur, and the 2^nd respondent is none other than the petitioner's husband. The 1^st respondent is the son of the 2^nd respondent born in his first wed-lock. The petitioner is the second wife of the 2^nd respondent. The above suit is filed for declaration of the petitioner's title and possession over the plaint 'A' schedule property, after setting aside sale deed No.3641/2010 executed by the 2^nd respondent in favour of the 1^st respondent and also for consequential injunction restraining the respondents from alienating the 'A' and 'B' schedule properties or

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O.P. (C) No. 1646 of 2016 -: 2 :-

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altering the present nature and lie of the said properties or encumbering the aforesaid properties.

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The case of the petitioner is that the 2^nd respondent, who is the husband of the petitioner, fraudulently executed sale deed No.3641/2010 in favour of the 1^st respondent, by misusing the blank signed stamp papers obtained from the petitioner. The petitioner further submits that the respondents are continuing their harassment in order to pressurise the petitioner through all the authorities to withdraw the case against him and threatening with dire consequences, if the suit is not withdrawn. Now, the petitioner is living along with her mother, aged 80 years, and there is nobody else to help them to conduct the case. Consequently, the petitioner prayed for a direction to the court below to dispose O.S. No.1225/2011, within a time frame.

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Heard the learned counsel for the petitioner.

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Having regard to the fact that the suit is one

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O.P. (C) No. 1646 of 2016

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-: 3 :-

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filed in the year 2011, the trial court is directed to dispose O.S. No.1225/2011, within a period of six months from today.

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This Original Petition (Civil) is disposed of

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accordingly.

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Sd/-

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(K. HARILAL, JUDGE)

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Nan/

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//true copy//

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P.S. to Judge

Sheeba Sebastian v. Bruslin

Case brief

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Sheeba Sebastian v. Bruslin

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