Disposed

Leelavathyamma v. Vimalakumaryamma

Kerala HC26 Jul 2019OP(C)/1819/2019

Case brief

AI extract

What is this about?

Petitioners sought direction to dispose of a pending suit. The Hon'ble Court, observing the Munsiff's undertaking to dispose the matter within six months, disposed of the original petition with a direction for expedited disposal.

What did the court decide?

The original petition is disposed of with a direction to the Additional Munsiff Court to dispose of O.S.No.266/2012 on merits within six months.

Leelavathyamma Vs Vimalakumaryamma — 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 SUNIL THOMAS

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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941

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OP(C).No.1819 of 2019

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OS NO. 266 of 2012 of ADDITIONAL MUNSIFF COURT,CHERTHALA

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PETITIONERS/ DEFENDANTS 1 & 2:

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1 LEELAVATHYAMMA, AGED 77 YEARS, W/O.LATE RAMACHANDRA KURUP, BEENA NIVAS, AROOKKUTTY VILLAGE, AROOKKUTTY, ALAPPUZHA, PIN-688535.

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2 BEENA, AGED 54 YEARS D/O.LATE RAMACHANDRA KURUP AND LEELAVATHYAMMA, BEENA NIVAS, AROOKKUTTY VILLAGE, AROOKKUTTY, ALAPPUZHA, PIN-688535.

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BY ADVS. SRI.SAJI.P.JOSEPH SRI.K.T.SAJU

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RESPONDENTS/ PLAINTIFF NO2 & DEFENDANT NO.3:

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1 VIMALAKUMARYAMMA AGED 69 YEARS W/O.ACHUTHAN NAIR, VIMALALAYAM, MATTATHILBHAGAM MURI, AROOKKUTTY VILLAGE, ALAPPUZHA, PIN-688535.

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2 ANITHA, AGED 51 YEARS D/O.LATE RAMACHANDRA KURUP AND LEELAVATHYAMMA, SREENANTHANAM, AROOKKUTTY VILLAGE, AROOKKUTTY, ALAPPUZHA, PIN-688535.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No.1819 of 2019

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JUDGMENT

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The petitioners have approached this Court

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with a limited request to issue a direction to the Additional Munsiff Court, Cherthala to dispose of O.S.No.266/2012 in which the petitioners are defendants 1 and 2.

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2. Pursuant to a direction issued from this Court, the learned Munsiff by her communication dated 19.07.2019 has undertaken to dispose of the above matter within six months. This is on belief that, the commission report is likely to be filed in the meanwhile.

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3. Having considered the limited prayer sought by the petitioner and the limited relief that is proposed to be granted, I am not inclined to issue notice to the respondents.

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4. Having considered the pendency of the

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cases in that Court and the undertaking given by

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OP(C).No.1819 of 2019

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the learned Munsiff, I am inclined to dispose of the original petition itself with a direction to the Court below to take up and dispose of on merits O.S.No.266/2012, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment.

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The original petition (civil) is disposed of as above.

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Sd/-

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SUNIL THOMAS JUDGE

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VPK

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OP(C).No.1819 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE PLAINT DATED 25.05.2012 SUBMITTED IN O.S.NO.266/2012 ON THE FILES OF ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

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EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED IN O.S.NO.266/2012 ON THE FILES OF ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

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EXHIBIT P3

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TRUE COPY OF THE CASE HISTORY OF O.S.NO.266/2012 OBTAINED FROM THE WEBSITE OF E-COURT SERVICES PENDING BEFORE THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

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RESPONDENT'S/S EXHIBITS:

NIL

// TRUE COPY //

PA TO JUDGE

VPK

Leelavathyamma v. Vimalakumaryamma

Case brief

What is this about?

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Leelavathyamma v. Vimalakumaryamma

Case brief

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