Single judge of Kerala HC, on Art. 226 petition, directed trial court to dispose O.S. 686 of 2017 within 12-15 months due to summer vacation pending, without notice.
Direct the Munsiff Court to dispose of the suit within 12 to 15 months from the date of production of certified copy 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 ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
OP(C).No. 215 of 2018
O.S.686/2017 of I ADDITIONAL MUNSIFF COURT, ERNAKULAM
PETITIONER:
ANDREW PONSEKA, AGED 74 YEARS, S/0. LATE PAUL PONESEKA, VALAPULLY HOUSE, M.A.SAJEEV ROAD, EDAPALLY TOLL, KOCHI - 682 024.
BY ADV.SRI.MANU ROY
RESPONDENTS:
| 1. | THE UNION OF ANGLO INDIAN ASSOCIATIONS, REP. BY ITS PRESIDENT IN CHIEF AND ACTING GENERAL SECRETARY RALPH FARIA, REG.NO.9/1953, M.G.ROAD, PERUMANOOR, KOCHI - 15. |
|---|---|
| 2. | CENTRAL BOARD OF ANGIO INDIAN EDUCATION, REGISTRATION NO.8/1953, PERUMANOOR, KOCHI - 15, REP. BY ITS CHAIRMAN LT. COL(RTD) LOVELIN OLIVER. |
| 3. | PARTICK LIVERA, MANTHRA HOUSE, NEAR NEW WATER TANK, OCHANTHURUTHU - 682 508. |
| 4. | JOHN DUGHLAS BIVERA, THEKKINASSERY HOUSE, THEVARA, KOCHI - 13. |
| 5. | ALEXANDER CORREYA, S/O.LAWRENCE CORREYA, CORREYA COTTAGE, PETER CORREYA ROAD, PACHALAM - 682 012. |
| 6. | LOVELIN OLIVER, S/O. JOSEPH OLIVER, 12A, RAM VIHAR FLAT, LOURS HOSPITAL ROAD, VADUTHALA, KOCHI -23. |
| 7. | DON SAVYO GONSALVES, SALVEYO'S HOSUE, PALLIPOTHU P.O., PIN - 683 515. |
OP(C).No. 215 of 2018
8. GODWIN RODRIGUES, KOLLAM VELIYATHU HOUSE, KADUKUTTY P.O., CHALAKKUDY - 680 309. 9. MARSHAL D'CUNHA, AGED 49, S/O. MARTIN D'CUNHA, ILLICKAL HOUSE, 22/577, EDA KOCHI - 682 010. 10. DALBIN D'CUNHA, S/O. THOMAS D'CUNHA, MERILAND, ELANKUNNAPUZHA - 682 503. 11. PETER HOLIWELL FERNANDEZ, S/O. VINCENT, VARUVAIDYAN ROAD, NAZRETH, KOCHI - 682 002. 12. EUGINE LUIZ, S/O. JOHN, CHERUPUNATHIL ROAD, KANNAMPILLY ROAD, PACHALAM - 682 012. 13. RAY MORRIS, MORRIS VILLA, KALAVEDI P.O., PATTATHAM P.O - 691 021. 14. PETER PEREIRA, GRAMIN SUPER MARKET ROAD, PADIYOOR P.O - 680 688.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
OP(C).No. 215 of 2018 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF PLAINT IN OS NO.686/17 OF THE 1ST ADDITIONAL MUNSIFF COURT, ERNAKULAM.
EXHIBIT P2 COPY OF EARLY POSTING PETITION FILED AS I.A. NO. 7154/2017.
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
ALEXANDER THOMAS, J.
O.P.(C) No.215 of 2018
Dated this the 9th day of February, 2018
JUDGMENT
The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows :
: :2::
O.P.(C) No.215/18
judgment before the trial court concerned for necessary information.
With these observations and directions, the Original Petition (Civil)
will stand finally disposed of.
ALEXANDER THOMAS JUDGE
csl
1 issue framed by the court
Whether the High Court should direct the trial court to dispose of the suit before the summer vacation.
Andrew PONSEKA
The UNION OF ANGLO INDIAN ASSOCIATIONS
CENTRAL BOARD OF ANGIO INDIAN EDUCATION
PARTICK LIVERA
JOHN DUGHLAS BIVERA
ALEXANDER CORREYA
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
