Disposed

Appukkuttan v. Sheeba

Kerala HC6 Aug 2016OP(C)/1842/2016

Case brief

AI extract

What is this about?

This petition under Article 227 was filed by the second appellant seeking speedy disposal of a pending civil appeal (CMA.No.12/2012). The High Court accepted a status report from the Sub Court indicating disposal within one month and disposed of the petition accordingly.

What did the court decide?

The Sub Judge, Neyyattinkara is directed to expedite the disposal of CMA.No.32/2012 within one month from 10.8.2016.

Appukkuttan Vs Sheeba — Pension and Retirement Benefits | 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.RAMAKRISHNAN

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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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OP(C).No. 1842 of 2016 (O)

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C.M.A.NO.12/2012 OF SUBORDINATE COURT, NEYYATTINKARA

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PETITIONER(S)/ADDITIONAL 2ND APPELLANT :

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APPUKKUTTAN, AGED 60 YEARS, HUSBAND OF LATE CHRISTAL SELVY, A.S.BHAVAN, THADATHIKULAM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK.

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS

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RESPONDENT(S)/DEFENDANTS 1 TO 3 AND ADDL. APPELLANTS 3 & 4 :

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1. SHEEBA, W/O.BENCENT, NELLIVILA KUZHIVILA MELE PUTHEN VEEDU, KUNNATHUKAL VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM- 695 121.

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2. ROBINSON, S/O.GEORGE NADAR, KALLUVARAMBU PUTHEN VEEDU, VELLARADA VILLAGE, NEYYATTINKARA- 695 121.

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3. BABY, W/O.RAJAMONY, MYLAKKARA PUTHEN VEEDU, VELLARADA VILLAGE, NEYYATTINKARA TALUK- 695 121.

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4. SHYJA A.S., AGED 27 YEARS, D/O.LATE CHRISTAL SELVY, A.S.BHAVAN, THADATHIKULAM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK- 695 121.

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5. AKHILA RANI A.S., AGED 24 YEARS, D/O.LATE CHRISTAL SELVY, A.S.BHAVAN, THADATHIKULAM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK- 695 121.

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..2/-

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..2..

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OP(C).No. 1842 of 2016 (O)

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6. SEREENA A.S., AGED 23 YEARS, D/O.CHRISTAL SELVY, A.S.BHAVAN, THADATHIKULAM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK- 695 121.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP(C).No. 1842 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF PLAINT DATED 28.05.2012 IN O.S.NO.471/2012 BEFORE THE COURT OF I ADDITIONAL MUNSIFF, NEYYATTINKARA

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EXHIBIT P2: TRUE COPY OF ORDER DATED 29.06.2012 IN I.A.NO.277/2012 IN O.S.NO.471/2012 BY THE COURT OF I ADDITIONAL MUNSIFF, NEYYATTINKARA.

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EXHIBIT P3: TRUE COPY OF MEMORANDUM OF APPEAL DATED 24.07.2012 IN C.M.A.NO.32/2012 BEFORE SUB COURT, NEYYATTINKARA.

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EXHIBIT P4: TRUE COPY OF PETITION DATED 26.03.2014 SEEKING TO IMPLEAD PETITIONER AND HIS THREE DAUGHTERS AS ADDITIONAL APPELLANTS 2, 3, 4 AND 5 IN C.M.A.NO.32/2012 BEFORE SUB COURT, NEYYATTINKARA.

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EXHIBIT P5: TRUE COPY OF I.A. DATED 31.07.2012 IN C.M.A.NO.32/2012 BEFORE THE SUBORDINATE JUDGES COURT, NEYYATTINKARA.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

K. RAMAKRISHNAN, J.

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O.P.(C).No.1842 of 2016

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....................................................... Dated this the 6^th day of August, 2016.

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JUDGMENT

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This petition is filed by the petitioner seeking speedy disposal of CMA.No.12/2012 pending before the Sub Court, Neyyattinkara under Article 227 of the Constitution of India.

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It is alleged in the petition that the petitioner's predecessor filed OS.No.471/2012 before the First Additional Munsiff Court, Neyyattinkara for permanent prohibitory injunction and also filed IA.No.277/2012 for interim injunction. Though interim injunction was granted, later after hearing both sides, the injunction was vacated. He filed CMA.No.32/2012 before the Sub Court, Neyyattinkara. Thereafter he died and his legal representatives were impleaded as additional appellants. The present petitioner is the second appellant in the case. The appeal is of the year 2012. So he prays for speedy disposal of the same.

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Considering the nature of relief claimed, this court felt that the petition can be disposed of after obtaining status report from the concerned court and dispensing with notice to the respondents. Accordingly a status report has been called for and learned Sub Judge, Neyyattinkara has sent a report which, which reads as follows:

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“CMA 32/12 on the file of this court has been filed challenging the order

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passed by the 1^st Additional Munsiff's Court, Neyyattinkara in IA.2771/12 in OS

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O.P.(C).No.1842 of 2016

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471/2012.

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The case stands posted to 10.8.2016 for hearing. The lower court records have been obtained. The case is expected to be disposed of within one month from 10.8.2016”.

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Heard counsel for the petitioner Sri. R.T. Pradeep.

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Considering the fact that the Sub Judge had expressed

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her willing to dispose of the case within one month from 10.8.2016, this court feels that the same can be accepted and the petition can be disposed of. So the petition is disposed of as follows:

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The Sub Judge, Neyyattinkara is directed to expedite the disposal of CMA.No.32/2012 of that court as expeditiously as possible at any rte within one month from 10.8.2016.

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Registry is directed to communicate a copy of this judgment

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to the concerned court immediately. With the above directions and observations, this petition is disposed of.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Appukkuttan v. Sheeba

Case brief

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Appukkuttan v. Sheeba

Case brief

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