Petitioners filed an order for cleaning under OP(C) No. 100/2019 seeking expeditious disposal of final decree proceedings in OS No. 182/1976. The High Court noted the Sub Court's indication of a likely final decision date and issued no further directions.
No specific relief granted; the petition was disposed of as the lower court indicated a date for the final decree.
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
FRIDAY ,THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
OP(C).No. 100 of 2019
AGAINST OS 182/1976 of PRL.SUB COURT,IRINJALAKUDA
PETITIONERS:
1 DAYANA RANJITH
AGED 37 YEARS
W/O. RANJITH, W/O. RANJITH, CHUNGATH HOUSE, KIZHAKE CHALAKUDY VILLAGE DESOM, MUKUNDAPURAM TALUK.
2 LILLY PAUL, AGED 69 YEARS W/O. CHUNGATH PAUL, KIZHAKE CHALAKUDY VILLAGE DESOM, MUKUNDAPURAM TALUK.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THOMAS
AGED 55 YEARS S/O. LATE PAPPU, MADATHUMPADI ANGAMALIKARAN, MURINGOOR DESOM, MURINGOOR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK 680 316
2 MICHEAL, S/O. LATE PAPPU, MADATHUMAPDI ANGAMALIKARAN, MURINGOOR DESOM, MURINGOOR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK 680 316.
3 JOSE, S/O. LATE PAPPU, MADATHUMPADI ANGAMALIKARAN, MURINGOOR DESOM, MURINGOOR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK 680 316
OP(C).No. 100 of 2019
2
6 LILLY,
7 BABY, W/O. VELIYATHU DEVASSY, D/O. LATE RAPPAI, KALLUR, VADAKUMURY VILLAGE, CHALAKUDY 680 307
10 ROSY
W/O. MUKRIPILLY VARGHESE, RESIDING AT OPPOSITE TO THE OOKAN COMPLEX, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
11 ANI JOSE,
12 LEENA GEORGE,
15 DILLI LIJI,
OP(C).No. 100 of 2019
3
S/O. THOTTUNGAL AUGUSTINE, ANGAMALY MUNICIPAL HOUSING COLONY, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
S/O. THOTTUNGAL AUGUSTINE, ANGAMALY MUNICIPAL HOUSE, COLONY, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
D/O. THOTTUNGAL AUGUSTINE, ANGAMALY MUNICIPAL HOUSING COLONY, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
25 ALPHONSA,
D/O. THOTTUNGAL AUGUSTINE, ANGAMALY MUNICIPAL HOUSING COLONY, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
26 KUMARI
D/O. THOTTUNGAL AUGUSTINE, ANGAMALY MUNICIPAL HOUSING COLONY, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK 680 307
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 100 of 2019
4
JUDGMENT
All that the petitioner has sought for is an expeditious disposal of the final decree proceedings in O.S No.182 of 1976 pending on the files of Sub Court, Irinjalakuda. In the report dated 15.01.2019 the learned Sub Judge has indicated that if there are no pre-trial steps, the final decree can be passed before 31.03.2019. In view of the above, no further directions are warranted. I am sure that every endeavour will be made by the learned Sub Judge to have the proceedings disposed of expeditiously.
The original petition is disposed of.
Sd/- Sathish Ninan, Judge
vdv
OP(C).No. 100 of 2019
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DECREE IN OS NO. 186 OF 76 DATED 13-4-81 ON THE FILE OF THE SUB COURT, IRINJALAKUDA. EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED IN IA NO 326 OF 04 IN OS NO 182 OF 76 DATED 29-06-2005 ON THE FILE OF THE SUB COURT, IRINJALAKUDA EXHIBIT P3 A TRUE COPY OF THE DETAILS OF THE PURCHASE EFFECTED BY THE PETITIONERS PREPARED BY THE PETITIONERS DATED NIL.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS AS IA NO. 2515 OF 201S IN OS NO 182 OF 76 DATED 26-062012 ON THE FILE OF THE SUB COURT, IRINJALAKUDA EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DELIVERED IN OPC NO 1652 OF 2015 DATED 27-072015 BY THIS HON'BLE COURT EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED IN I A NO 2515 OF 2012 IN O S NO 182 OF 1976 DATED 19-2-2016 ON THE FILE OF THE SUB COURT, IRINJALAKUDA
EXHIBIT P7 A TRUE COPY OF THE ORDER PASSED IN IA NO 1548 OF 2016 IN O S NO 182 OF 1976 DATED 11-07-2017 ON THE FILE OF THE SUB COURT, IRINJALAKUDA EXHIBIT P8 A TRUE COPY OF THE APPLICATION FILED AS IA NO 1886 OF 2017 IN OS NO 182 OF 1976 DATED 8-8-2017 ON THE FILE OF THE SUB COURT, IRINJALAKUDA.
Dayana Ranjith
Lilly Paul
Thomas
Michael
Jose
Elsey
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
