Disposed

Leelamma Mathai v. Mr. P.E. Esow

Kerala HC9 Feb 2018OP(C)/377/2018

Case brief

AI extract

What is this about?

The Kerala High Court in an Original Petition under Article 227 directed the Munsiff Court, Punalur to expedite the trial of a partition suit pending before it within 8-10 months, considering the petitioner's advanced age and remorse over delays.

What did the court decide?

Direction to Munsiff Court, Punalur to dispose of O.S. No. 479 of 2015 within 8-10 months considering the petitioner's age and completed pleadings.

Leelamma Mathai Vs Mr. P.E. Esow — Partition | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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OP(C).No. 377 of 2018

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OS.479/2015 of MUNSIFF COURT, PUNALUR

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PETITIONER:

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LEELAMMA MATHAI, AGED 72 YEARS, D/O LATE ESOW KUTTY, RESIDING AT THADEETHARAYIL HOUSE, NEAR YMCA, KURIYANOOR P.O., PATHANAMTHITTA DISTRICT, KERALA STATE.

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BY ADVS.SRI.S.PRAKASH SRI.SHYAM.T.MATHEW

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RESPONDENTS:

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1 MR. P.E. ESOW, AGED 74, S/O LATE CHERIYA ESOW KUTTY, RESIDING AT PUTHUCHIRA HOUSE, NELLIMOODU, KULATHUPUZHA P.O., PIN-691310, KULATHUPUZHA VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT, KERALA STATE.

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2 MRS.MOLLY BABY, AGED ABOUT 75, D/O LATE ESOW KUTTY, RESIDING AT KORAMKULAM THEKKETHIL, SHALEMPURAM, PATHANAPURAM P.O.,689695, PATHANAPURAM VILLAGE AND TALUK, KOLLAM DISTRICT, KERALA STATE.

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3 MR.P.S. ESOW KUTTY, AGED ABOUT 59, S/O LATE SKARIA, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.

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4 MR.P.S.VARGHESE, AGED ABOUT 53, S/O LATE SKARIA, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.

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5 MRS.PONNAMMA CHERIYAN, AGED ABOUT 76, W/O LATE CHERIYAN, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.

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6 MRS. SUSY CHERIYAN, AGED ABOUT 57, D/O LATE CHERIYAN, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.

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OP(C).No. 377 of 2018

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7	MR.SUNNY CHERIYAN, AGED ABOUT 51, S/O LATE CHERIYAN, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.
8	MRS.SHERLY BABU, AGED ABOUT 50, D/O LATE CHERIYAN, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.
9	MR.SHIBU CHERIYAN, AGED ABOUT 47, S/O LATE CHERIYAN, RESIDING AT PUTHUCHIRA HOUSE, KURAMKARIKKAM, KULATHUPUZHA P.O.,-691310, KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT, KERALA.
10	MRS. LEELAMMA JOSEPH, AGED ABOUT 73, W/O LATE P.E.JOSEPH, RESIDING AT PUTHUCHIRA HOUSE, 10/474/NCC ROAD, PERROORKADA, THIRUVANANTHAPURAM-5.
11	MR.ROY P. JOSEPH, AGED ABOUT 48, S/O LATE P.E. JOSEPH, RESIDING AT PUTHUCHIRA HOUSE, 10/474/NCC ROAD, PERROORKADA, THIRUVANANTHAPURAM-5.
12	MR.REJOY P. JOSEPH, AGED ABOUT 48, S/O LATE P.E. JOSEPH, RESIDING AT PUTHUCHIRA HOUSE, 10/474/NCC ROAD, PERROORKADA, THIRUVANANTHAPURAM-5.
	THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 377 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE PLAINT IN O.S. NO.479/2015 FILED BEFORE THE MUNSIFF'S COURT, PUNALUR

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P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.479/2015 FILED BY THE 1ST DEFENDANT/RESPONDENT

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RESPONDENT(S)' EXHIBIT

NIL

TRUE COPY

P.S. TO JUDGE

ALEXANDER THOMAS, J.

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==================

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O.P(C).No.377 of 2018

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==================

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Dated this the 9^th day of February, 2018

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J U D G M E N T

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The prayers in this Original Petition(Civil) filed under the enabling provisions contained in Article 227 of Constitution of India, are as follows:

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To direct the court below to expedite the trial in OS No.479/15 pending before the Munsiff's Court, Punalur within a time frame to be fixed by this Hon'ble Court in the interest of justice.

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2. Heard Sri.S.Prakash, learned counsel appearing for the

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petitioner/plaintiff. In the nature of the orders proposed to be passed in this petition, notice to the respondents/defendants will stand dispensed with.

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The petitioner is the plaintiff in O.S.No.479 of 2015 now on the file of Munsiff Court, Punalur. The suit is one for injunction, partition and for setting aside the partition deed. The suit has been instituted in the year 2015. It is pointed out by the

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O.P(C).No.377 of 2018 - : 2 :-

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petitioner that there are 12 defendants in the suit, out of which only first defendant has filed original statement and all the other defendants have been set ex-parte by the court below. It is further pointed out by the petitioner that she is aged now more than 72 years and is suffering from serious old age ailments. It is also pointed out that the pleadings in the case has been completed and the case is ripe for trial. It is in the light of these aspects that the petitioner has filed this Original Petition (Civil) with the aforementioned prayer.

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Having heard learned counsel appearing for the petitioner and having regard to the facts and circumstances of this case in this Original Petition, more particularly the fact that the petitioner/plaintiff is an aged lady of more than 72 years old, it is ordered in the interest of justice that the Munsiff Court, Punalur will take all reasonable measures to ensure the early disposal of O.S.No.479 of 2015 without much delay, preferably within a period of 8-10 months from the date of production of a certified copy of this judgment, provided there are no legal or other impediments in that regard and provided the parties concerned fully co-operate with the trial court in that endeavour. Petitioner will produce the certified copy of this judgment before the Munsiff Court, Punalur

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O.P(C).No.377 of 2018 - : 3 :-

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for necessary information.

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With these observations and directions, the above Original

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Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Bb/12/2/2018

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[True copy]

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P.A to Judge

Leelamma Mathai v. Mr. P.E. Esow

Case brief

What is this about?

What did the court decide?

Leelamma Mathai v. Mr. P.E. Esow

Case brief

What is this about?

What did the court decide?

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