The Court directed the Munsiff Court, Thiruvalla to dispose of an interlocutory application (I.A.No.1840/2019) in the underlying original suit (O.S. 456/2009) within 30 days. The original petition was disposed of without further comment.
Directio to Munsiff Court to dispose of I.A. 1840/2019 in O.S. 456/2009 within 30 days.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941
OP(C).No.2734 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 456/2009 OF MUNSIFF COURT, THIRUVALLA
PETITIONER/PLAINTIFF:
1 K.T.SAMUEL,
AGED 57 YEARS S/O.K.V.THOMAS, KANNADA VEEDU, OTHARA EAST P.O. , KIZHAKKANOTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689546.
2 SAROJINI, AGED 70 YEARS, W/O.KRISHNAN, PALLITHAZHATHETHIL VEEDU, OTHARA EAST P.O., KIZHAKKANOTHARA MURI, ERATIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689546.
3 A.P.THAMPI, AGED 58 YEARS, S/O.OOMMEN POTHEN, ANAKUZHIYIL VEETTIL, OTHARA EAST P.O., KIZHAKKANOTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689 546.
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) AJAY JAYACHANDRAN
RESPONDENTS/DEFENDANTS:
1 SATHEESAN, S/O.SADANANDAN, AGED 38 YEARS, KALLIMALAVADAKKETHIL VEEDU, OTHARA EAST P.O., KIZHAKKANOTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689 546.
2 AJAYAN, AGED 36 YEARS, S/O.ANTONY, KALLIMALA VADAKKETHIL VEEDU, OTHARA P.O., KIZHAKKAN OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689 546.
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OP(C).No.2734 OF 2019
4 SADANANDAN, AGED 65 YEARS, SO.KOCHOOTTY, KALLIMALA VADAKKETHIL VEEDU, OTHARA P.O., KIZHAKKAN OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRIT - 689 546.
5 MADHU, AGED 41 YEARS, S/O.KOCHOOTTY, KALLIMALA VADAKKETHIL VEEDU, OTHARA P.O., KIZHAKKAN OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689 546.
6 KANJOOTTY RAJAPPAN AND KUNJUMON, AGED 65 YEARS, S/O.KOCHOOTTY, MUNTHIRI BHAVAN, OTHARA P.O., KIZHAKKAN OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 689 546.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No.2734 OF 2019
JUDGMENT
In view of the limited nature of the prayer, the Munsiffs court, Thiruvalla is directed to consider and dispose of Ext.P2 (I.A.No.1840/2019 in O.S.No.456/2009), in accordance with law, as expeditiously as possible and at any rate within a period of 30 days from the date of receipt/production of a copy of this judgment.
This original petition stands disposed of as above.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/15.11.2019
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OP(C).No.2734 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 29/08/2017 PASSED BY MUNSIFF COURT, THIRUVALLA IN O.S.NO.456/2009.
EXHIBIT P1 A THE TRUE COPY OF THE DECREE DATED 29/08/2017 PASSED BY MUNSIFF COURT THIRUVALLA IN O.S.NO.456/2009. EXHIBIT P2 THE TRUE COPY OF THE I.A.NO.1840/2019 IN O.S.456/2009 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA.
RESPONDENTS' EXHIBITS: NIL
1 K.T. SAMUEL AND OTHERS
1 SATHEESAN AND OTHERS
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
