Disposed

Devaki Antharjanam v. Sankaramangalathillath Krishnan Namboodiri

Kerala HC11 Jan 2019OP(C)/108/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, on an application seeking advancement of posting and early disposal of a civil appeal pending since 2010, directed the learned Sub Judge to consider the prayer and endeavour to dispose of the matter expeditiously without expressing any opinion on the merits.

What did the court decide?

Directed the learned Sub Judge to consider the application for early disposal and endeavour to dispose of the appeal expeditiously.

Devaki Antharjanam Vs Sankaramangalathillath… — Civil Procedure and Limitation | Kerala HC (2019)

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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 SATHISH NINAN

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FRIDAY, THE 11TH DAY OF JANUARY 2019/21ST POUSHA, 1940

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O.P.(C)No.108 of 2019

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(AGAINST THE ORDER/JUDGMENT IN A.S.No.136/2010 OF SUB COURT, PAYYANNUR &

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AGAINST THE ORDER/JUDGMENT IN O.S.No.72/2010 OF MUNSIFF COURT, PAYYANNUR)

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PETITIONERS:

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1 DEVAKI ANTHARJANAM, AGED 72 YEARS, W/O LATE. PERINGOTTILLATH NARAYANA NAMBOODIRI, ERAMAM AMSOM, MATHAMANGALAM DESOM, PO. MATHAMANGALAM, KANNUR DISTRICT.

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2 ASHA LATHA, AGED 50 YEARS, D/O. LATE. PERINGOTTILLATH NARAYANA NAMBOODIRI, ERAMAM AMSOM, MATHAMANGALAM DESOM, P.O. MATHAMANGALAM, KANNUR DISTRICT.

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENTS:

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1 SANKARAMANGALATHILLATH KRISHNAN NAMBOODIRI, AGED 56 YEARS, S/O NARAYANAN NAMBOODIRI, VILAYAMCODE, CHERUTHAZHAM AMSOM DESOM, KANNUR DISTRICT, PIN-670 501.

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2 DEVAKI ANTHARJANAM, AGED 69 YEARS, W/O LATE T.G.BHAT, EMBALLI, MANJIKKARI, P.O., ELLAPURAM TALUK, SIRASI VIA, NORTH KARNATAKA, PIN-581 314.

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O.P.(C)No.108 of 2019

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3 SUBHADRA ANTHARJANAM, AGED 63 YEARS, W/O V.C.VISHNU NAMBOODIRI, VADAKKE CHANDRAMAN ILLAM, MANDOOR P.O., CHERUTHAZHAM AMSOM DESOM, KANNUR DISTRICT, PIN-670 501.

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4 SHYAMALA ANTHARJANAM, AGED 59 YEARS, W/O VALIYA KESAVAN NAMBOODIRI, ARAYAKKEEL PERIKAMAN ILLAM, PATTENA, NILESWAR, KASARAGOD DISTRICT, PIN-671 314.

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5 BHAVANI, AGED 55 YEARS, W/O RAJAKUMAR, AMMANNYA PAVOOR ILLAM, P.O. MOVVAR, MULLERIA, KASARAGOD DISTRICT, PIN-671 543.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(C)No.108 of 2019

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JUDGMENT

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The appeal which is of the year 2010 is not being considered and in the meanwhile the subsequent suit O.S.No.72/2010 which according to the petitioner relates to the same subject matter, is being proceeded with, is the grievance of the petitioner. The petitioner has filed an application seeking advancement of the posting of the appeal. He seeks for an early disposal of the same.

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Without expressing anything on merits, I

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direct the learned Sub Judge, to consider the application filed by the petitioner seeking an early disposal of the appeal. Considering the fact the appeal is of the year, 2010, I am sure that every endeavour shall be made by the court below to have the appeal disposed of expeditiously.

Sd/-

SATHISH NINAN

JUDGE

O.P.(C)No.108 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF JUDGMENT IN OS 183/2008 OF THE COURT OF MUNSIFF, PAYYANNUR DATED 19.12.2009. EXHIBIT P2 TRUE COPY OF PLAINT IN O.S. 72/2010 OF MUNSIFF COURT, PAYYANNUR. EXHIBIT P3 TRUE COPY OF WRITTEN STATEMENT SUBMITTED BY DEFENDANTS NO.1 AND 2 IN O.S. 72/2010 OF MUNSIFF COURT, PAYYANNUR. EXHIBIT P3 A TRUE COPY OF WRITTEN STATEMENT SUBMITTED BY DEFENDANTS NO.3 AND 4 IN O.S.72/2010 OF MUNSIFF COURT, PAYYANNUR. EXHIBIT P4 TRUE COPY OF APPEAL A.S.NO.136/2010 SUBMITTED BY PETITIONERS BEFORE THE HON'BLE SUB COURT, PAYYANNUR. EXHIBIT P5 TRUE COPY OF AFFIDAVIT FILED BY THE PETITIONERS IN SUPPORT OF I.A. 2022/2010 IN A.S. 136/2010 BEFORE THE HON'BLE SUB COURT. EXHIBIT P5 A TRUE COPY OF COUNTER IN I.A. 2022/2010 IN A.S. 136/2010 FILED BY THE RESPONDENTS BEFORE THE HON'BLE SUB COURT. EXHIBIT P6 TRUE COPY OF ADVANCE HEARING PETITION IN A.S.136/2010 FILED BY THE PETITIONERS BEFORE THE HON'BLE SUB COURT DATED 4.1.2019.

Devaki Antharjanam v. Sankaramangalathillath Krishnan Namboodiri

Case brief

What is this about?

What did the court decide?

Devaki Antharjanam v. Sankaramangalathillath Krishnan Namboodiri

Case brief

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What did the court decide?

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