Dismissed

Baby v. Mary Joy @ Mamy

Kerala HC31 Oct 2016OP(C)/2705/2016

Case brief

AI extract

What is this about?

The High Court directed the trial court to dispose of the underlying suit (OS No.54/2011) within five months due to dilatory tactics by respondents and illness of a plaintiff suffering from cancer, in a petition filed under Order VII Rule 11 CPC by way of direction for speedy disposal.

What did the court decide?

Trial court directed to enlist the suit and dispose it within five months from the date of order.

Baby Vs Mary Joy @ Mamy — Civil Procedure and Limitation | 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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MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938

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*(OS 54/2011 of SUB COURT, IRINJALAKUDA)

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PETITIONER(S):

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BABY, AGED 60 YEARS, HOUSE WIFE, W/O.JACOB, KANDATHIPARAMBIL HOUSE, FORTY NAGAR, CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR DISTRICT.

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BY ADVS.SRI.V.M.KRISHNAKUMAR

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SMT.P.R.REENA

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RESPONDENT(S):

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MARY JOY @ MAMY

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AGED 56 YEARS, HOUSE WIFE, CHANEPARAMBIL HOUSE, UZHAVATHUMKADAVU DESOM, PULLUT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 663.

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PAUL, AGED 28 YEARS, COMPANY EMPLOYEE, S/O.CHENEPARAMBIL JOY, UZHAVATHUMKADAVU DESOM, PULLUT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 663.

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IGNI @ IGNATIUS AGED 24 YEARS, BANK EMPLOYEE, S/O.CHENEPARAMBIL JOY, UZHAVATHUMKADAVU DESOM, PULLUT VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 663.

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*THE 'O.S.NO.54/2011' OCCURRING IN THE CAUSE TITLE OF THE JUDGMENT IN OP(C) NO.2705/16 IS CORRECTED AS “O.S.NO.548/2011” AS PER ORDER DATED 25.01.2017 IN I.A.NO.133/17 IN O.P(C). NO.2705/16.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 2705 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 - TRUE COPY OF THE PALINT IN *OS NO.54/2011 ON THE FILES OF THE SUB COURT IRINJALAKUDA.

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EXHIBIT P2 - TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS DATED 24.5.2013.

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RESPONDENT(S)' EXHIBITS: NIL

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“O.S.NO.54/2011” OCCURRING IN EXHIBIT Ext.P1 OF THE APPENDIX PORTION OF THE JUDGMENT IS CORRECTED AS “O.S.NO.548/2011” AS PER ORDER DATED 25.01.2017 IN I.A.NO.133/17 IN O.P(C). NO.2705/16.

OKB.

//TRUE COPY//

P.A. TO JUDGE.

K.HARILAL, J.

O.P(C). No.2705 of 2016

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Dated this the 31^st day of October, 2016

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JUDGMENT

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~ ~ ~ ~ ~

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The petitioner is the first plaintiff in O.S.No.54/2011 on the files of the Sub Court, Irinjalakuda and the respondents are the defendants in the suit. The suit is one for fixation of boundary and for permanent prohibitory injunction. The grievance of the petitioner is that the suit is getting prolonged due to dilatory tactics adopted by the respondents. One of the plaintiffs is suffering from cancer and the delay in disposing the case will cause prejudice to him. Hence the petitioner sought for a direction to the trial court to dispose the case within a time frame.

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Heard the learned counsel for the

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petitioner.

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Having regard to the peculiar circumstance involved in this case, the trial court is directed to enlist the suit and dispose the same within a period

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OP(C).2705/16-O

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of five months from today.

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This original petition is disposed of

accordingly.

Sd/K.HARILAL, Judge.

okb

The “O.S.No.54/2011” occurring in the first sentence of the judgment dated 31/10/2016 in O.P(C) No.2705/2016 is corrected and substituted as “O.S.No.548/2011” as per order dated 25/01/2017 in I.A. No.133/2017 in O.P(C) No.2705/2016.

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Sd/Registrar (Judicial)

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okb

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OP(C).2705/16-O 3

Baby v. Mary Joy @ Mamy

Case brief

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Baby v. Mary Joy @ Mamy

Case brief

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