Mary v. Jose
Case brief
What is this about?
The High Court under Article 227 directed the First Additional Sub Court, Thrissur, to expedite the final disposal of a final decree application in a partition suit (O.S. 598/2002), mandating completion preferably by June 2018 despite the presiding judge's impending transfer.
What did the court decide?
Direction to the First Additional Sub Court, Thrissur to pass a final decree in O.S. No. 598 of 2002, preferably before June 2018.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939 OP(C).No. 415 of 2018 O.S.NO. 598 OF 2002, SUB COURT, THRISSUR
PETITIONER IN O.P /APPLICANT NO.3 IN I.A PLAINTIFF NO.2 IN SUIT:
MARY, LATE PORATHOOR LUVIS, AGED 65, RESIDING AT KECHERIYIL, PERUMANNUR DESOM ERANELLUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN-680 501. BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE KUM.R.ANUSREE
RESPONDENT IN O.P/RESPONDENT IN I.A. DEFENDANT NO.2 IN SUIT:
JOSE, S/O LATE PORATHOOR LUVIS, AGED 58, STAMP VENDOR, RESIDING AT KECHERIYIL, PERUMANNU DESOM ERANELLUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN-680 501.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
OP(C).No. 415 of 2018 (O)
APPENDIX
Issues for consideration
2 issues framed by the court
Whether the High Court should direct a subordinate court to expedite final decree proceedings under Article 227.
Whether the claim of senior citizenship warrants a time-bound disposal of the partition suit.
Parties & counsel
- petitioner
Mary, Late Porathoor Luv
- respondent
Jose, S/O Late Porathoor Luv
Coram
Alexander Thomas
Case details
As recorded by the court registry
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