The High Court disposed of the original petition regarding delay in hearing of A.S.No.35 of 2017. It directed the District Court to expedite proceedings and complete them within two months.
Original petition disposed of with direction to court below to take up A.S.No.35 of 2017 as expeditiously as possible within two months.
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 SUNIL THOMAS
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
OP(C).No. 851 of 2019
AGAINST THE ORDER/JUDGMENT IN AS 35/2017 of DISTRICT COURT, THRISSUR DATED 23-10-2017
AGAINST THE ORDER/JUDGMENT IN OS 1582/2014 of III ADDITIONAL MUNSIFF COURT, THRISSUR DATED 30-01-2017
PETITIONER:
ANDREWS.P.JOSEPH@ANTO, AGED 76 YEARS S/O. LATE JOSEPH, ALAPPATT PALATHINKAL HOUSE, PARAYANKADAVU DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
BY ADVS. SMT.T.R.SANGEETHA SMT.ANNAMMA PHILIP SRI.NISHIN GEORGE VIJAYABABU
RESPONDENTS:
1 C.P.JOLLY, W/O. PAULOSE, PALLISSERI (H), AMMADAM DESOM, PARALAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT 680 001.
2 PAULOSE, AGED 68 YEARS S/O. CHACKO, PALLISSERI (H), AMMADAM DESOM, PARALAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT 680 001.
3 JOSE, AGED 59 YEARS S/O. CHETTUPUZHA PAVU ALICE VILLA, KIZHAKKE KOTTA DESOM, THRISSUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT 680 001
O.P(C).851/19
2
4 SHEEBA,
AGED 42 YEARS W/O. SHAJAN, CHELAKKAPPILLY, MUPLIYAM ROAD, PUTHUKKADU VILLAGE AND DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 001
5 SABU @ ANTONY, AGED 60 YEARS S/O. PAVU, CHETUPUZHA, NELLIKKUNNU DESOM, THRISSUR TALUK, THRISSUR 680 001
6 OUSEP @ SHAJI, AGED 42 YEARS S/O. ANDREWS P JOSEPH @ ANTO, ALAPPATT PALATHINKAL HOUSE, PARAYANKADAVU DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN 680 001.
7 JUSTIN AGED 52 YEARS S/O. VADAKOOTTIL HOUSE, SOUTH OLLUR ANCHERY DESOM, THRISSUR TALUK. 680 001
8 JASMI, AGED 20 YEARS
D/O. JUSTIN VADAKOOTTIL HOUSE, SOUTH OLLUR ANCHERY DESOM, THRISSUR TALUK. 680 001
9 AUSTIN, S/O. JUSTIN, VADAKOOTTIL HOUSE, SOUTH OLLUR ANCHERY DESOM,
THRISSUR TALUK, REPRESENTED BY NATURAL GUARDIAN JUSTIN, AGED 52 YEARS,
VADAKOOTTIL HOUSE, SOUTH OLLUR, ANCHERY DESOM, THRISSUR TALUK 680 001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P(C).851/19
3
JUDGMENT
Petitioner herein is aggrieved by the delay in the disposal of A.S.No.35 of 2017 pending before the IV Additional District and Sessions Judge.
Original petition is disposed of as above.
SUNIL THOMAS
JUDGE
Sbna
O.P(C).851/19
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF JUDGMENT DATED 30.01.2017 IN O.S.NO.1582/2014 IN THE FILE OF THE HONOURABLE THIRD ADDITIONAL MUNSIFF COURT, THRISSUR EXHIBIT P2 COPY OF A.S.35/2017 DTD 20.02.2017 FILED BEFORE THE HONOURABLE DISTRICT COURT, THRISSUR EXHIBIT P3 COPY OF MEDICAL REPORTS ISSUED BY ELITE MISSION HOSPITAL EXHIBIT P4 COPY OF DISCHARGE SUMMARY AND MEDICAL REPORTS ISSUED BY AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR DTD 10.04.2018 EXHIBIT P5 COPY OF THE IMPLEADING PETITION DTD 23.10.2017 (IA.4096/2017) IN A.S.NO.35/2017 FILED BEFORE THE HONOURABLE DISTRICT COURT, THRISSUR
1 issue framed by the court
Whether to dispose of the original petition given the delay in disposal of A.S.No.35 of 2017 pending before the court below.
ANDREWS.P.JOSEPH@ANTO
C.P.JOLLY
PAULOSE
JOSE
SHEEBA
SABU @ ANTONY
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
