The High Court disposed of an original petition praying for expeditious disposal of a pending civil suit. The court directed the lower court to strive to dispose of the matter before the winter vacation of 2019.
Directed the lower court to expedite proceedings and dispose of the suit before the 2019 winter vacation.
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 SATHISH NINAN
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
OP(C).No. 1076 of 2018 ---------------------OS. NO. 844/2010 of III ADDL. SUB COURT, ERNAKULAM.
PETITIONER/2ND DEFENDANT
XAVIER MUTTAMTHOTTIL, AGED 58 YEARS, AGRICULTURIST, S/O. MATHAI, MUTTAMTHOTTIL HOUSE, MALAYATTOR VILLAGE, MALAYATTOR KARA, ALUVA TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT 208 GOODMAN DR.OSHAWA, ON CANADA POST CODE L1J7V6, REPRESENTED BY HIS DULY CONSTITUTED POWER OF ATTORNEY HOLDER P.V. JOSE, S/O. VARGHESE, AGED 51 YEARS, PRIVATE EMPLOYEE, RESIDING AT POOTHANKUDI HOUSE, KOODARAPADU, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM, PIN- 683 542.
BY ADVS.SRI.O.V.ABRAHAM
SRI.MATHEW ABRAHAM (OLIYIL).
RESPONDENTS/PLAINTIFF/DEFENDANTS 1,3 TO 9:
1. M.J. LOUIZ, AGED 60, S/O. JOSEPH, MUKKADAYIL HOUSE, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682 011.
2. TOMY, KOTTITHARA HOUSE, PALARIVATTOM DESOM, ERNAKULAM DISTRICT, KOCHI-682 025.
3. K.P. ABRAHAM, KOCHUKUDIYIL (KUNNATH), VELLOORKUNNAM, MUNDAVOOR (PO), ERNAKULAM DISTRICT, PIN-686 661.
4. VARGHESE ABRAHAM KOCHUKUDIYIL (KUNNATH), VELLOORKUNNAM, MUNDAVOOR (PO), ERNAKULAM DISTRICT, PIN-686 661.
5. BENNY PAUL, KOCHUKUDIYIL (KUNNATH), VELLOORKUNNAM, MUNDAVOOR (PO), ERNAKULAM DISTRICT, PIN-686 661.
6. SHOBA ANTONY, PERAPPARAMBIL, TRIPUNITHURA (PO), THEKKUMBAGAM VILLAGE, ERNAKULAM DISTRICT-682 301.
OP(C).No. 1076 of 2018
7. VIVEK KRISHNAMOORTHY, SREYAS, 9/1035, MATTANCHERRY POST, ERNAKULAM DISTRICT, PIN-682 002.
8. V.S. KRISHNAMOORTHY (ADDL. DEF.9), SHREYAS, PANDYKKUDY MURI, MATTANCHERRY POST, THOPPU, ERNAKULAM DISTRICT, PIN-682 002.
9. LITTY KURIAN, (ADDL. DEF.10), W/O. KURIAN, AGED ABOUT 48 YEARS, NIRAVATH KANDATHIL, AYANKARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN-686 671.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
08/06/2018.
OP(C).No. 1076 of 2018 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF AMENDED PLAINT OF O.S.NO.844/2010.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 08/06/2018.
SATHISH NINAN, J. ----------------------------------O.P.(C) No.1076 of 2018
Dated this the 7th day of June, 2018
JUDGMENT
All that the petitioner seeks for is an expeditious disposal of O.S.No.844/2010 pending on the files of the 3rd Additional Sub Court, Ernakulam.
Original Petition is disposed of.
Sd/- SATHISH NINAN, JUDGE
sd
1 issue framed by the court
Whether to direct the trial court to expeditiously dispose of the pending original suit.
XAVIER MUTTAMTHOTTIL
1. M.J. LOUIZ
2. TOMY
3. K.P. ABRAHAM
4. VARGHESE ABRAHAM KOCHUKUDIYIL
5. BENNY PAUL
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
