High Court ordered Sub Court at Muvattupuzha to dispose of an application to replace the next friend of a minor within three weeks, after hearing both sides, without delay.
Directed Sub Court to dispose of the I.A. within three weeks after hearing both sides.
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
THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939
OP(C).No. 293 of 2018
(IA.NO.27/2018 IN OS.NO. 57/2017 OF SUB COURT, MUVATTUPUZHA)
PETITIONER.
EMMA (MINOR), REPRESENTED BY SHEEBA,AGED 40 YEARS, D/O.MANI, BHAVANAKULATHU HOUSE, EDAPPALAYAM,ARYANKAVU, KOLLAM DISTRICT.
BY ADV.SRI.RUBEN GEORGE ROCK
RESPONDENT(S):
1. JACOB SEBASTIAN, AGED 70 YEARS,S/O.SEBASTIAN, MELEVEETTIL HOUSE, RAMAPURAM BAZAR, RAMAPURAM VILLAGE, PIN-686 576.
2. VALSAMMA JOSE, AGED 69 YEARS, W/O.BABY JOSE, NEDUNGATT VEEDU, KAKKATTOOR KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM,PIN-686 691
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 293 of 2018 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 TRUE COPY OF THE PLAINT IN THE SUIT FILED BY 1ST RESPONDENT CLAIMS TO BE THE NEXT FRIEND OF THE PETITIONER'S MINOR DAUGHTER EMMA AS O.S.NO.57/2017 BEFORE THE SUB COURT,MUVATTUPUZHA. EXT.P2 TRUE COPY OF I.A.NO.27/2018 IN O.S.NO.57/2017. EXT.P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT TO EXT.P2 APPLICATION.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
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ALEXANDER THOMAS, J.
O.P.(C) No.293 of 2018
Dated this the 1st day of February, 2018
JUDGMENT
~ ~ ~ ~ ~ ~
The prayers in this Original Petition (Civil) filed
under the enabling provisions contained in Article 227 of
the Constitution of India are as follows:
“i) Issue an appropriate order or direction and thereby direct Sub Court, Muvattupuzha to dispose Ext.P2 application on the next posting date i.e. 12.02.2018 or within a stipulated time as fixed by this Hon'ble Court.
ii) Grant such other reliefs, which are just and necessary in the interest of justice.”
O.P.(C).293/18 :2:
Muvattupuzha, praying for directing to appoint the petitioner herein as the next friend of the minor plaintiff Emma in the place of the present next friend/respondent in the above O.S., after removing him from acting as the next friend, and to allow the petitioner to proceed the petition further, etc. It is further stated that the respondent herein has filed counter affidavit as per Ext.P3 and that Ext.P2 application is still pending consideration and it is posted to 12.2.2018.
O.P.(C).293/18 :3:
necessary information.
With these observations and directions, this Original
Petition (Civil) stands finally disposed of.
ALEXANDER THOMAS Judge
okb.
1 issue framed by the court
Whether to direct the Sub Court, Muvattupuzha to dispose of the I.A. to replace the next friend of the minor party within a stipulated time.
2 provisions across 1 enactments
Emma (Minor), represented by Sheeba
Jacob Sebastian
Valsamma Jose
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
