Allowed

D. Mano v. Suku K Jacob

Kerala HC5 Jul 2023OP(C)/779/2023

Case brief

AI extract

What is this about?

In an original petition, the court allowed an application for early disposal of two pending injunction and receiver applications within the main suit. The court directed that pleadings be completed within one month or six months from the next posting, with disposal within six months thereafter.

What did the court decide?

Allowed; directed completion of pleadings within one month and disposal within six months from next posting.

D. Mano Vs Suku K Jacob — Civil Procedure and Limitation | Kerala HC (2023)

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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 P.SOMARAJAN

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WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

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OP(C) NO. 779 OF 2023

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(I.A.No.1 OF 2021 AND I.A.No.3 OF 2021 IN OS 166/2021 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM)

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PETITIONER/ADDITIONAL 33RD COUNTER PETITIONER/ADDITIONAL 33RD

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DEFENDANT:

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D. MANO

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AGED 63 YEARS S/O DEVADASON, RESIDING AT T.C.4/1520-3, KAVU ROAD, KOWDIAR, THIRUVANANTHAPURAM., PIN - 695003

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BY ADVS. M.HEMALATHA B.SATHIQ

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RESPONDENTS/PETITIONERS AND COUNTER PETITIONERS 1 TO 32/PLAINTIFFS AND DEFENDANTS 1 TO 32:

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1 SUKU K JACOB AGED 50 YEARS S/O. A. KAMALASANAN, RESIDING AT THEJUS, NEAR A. G. CHURCH, PULLOORKONAM, PERUMPAZHUTHOOR P.O., PIN - 695126

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2 T. SHAJI AGED 46 YEARS S/O. THANKAMANI, RESIDING AT KETHARAM, KARIKKAKATHUKUZHI, KAKKANAM, MARAYAMUTTAM P.O., PIN - 695124

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3 SOUTH KERALA DIOCESE OF THE CHURCH OF SOUTH INDIA (SKD) LMS COMPOUND, THIRUVANANTHAPURAM695033 REPRESENTED BY THE Rt.Rev.A. DHARMARAJ RASALAM

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4 THE BISHOP SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM – 695033

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OP(C) NO. 779 OF 2023 2

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5 RT. REV. A. DHARMARAJ RASALAM BISHOP, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM- 695033

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6 ER. T. T. PRAVEEN AGED 40 YEARS S/O. THOMSON, ADMINISTRATIVE SECRETARY, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT MICHEL HOUSE, T.C.16/882(18), SREEKRISHNA NAGAR, THYCAUD, THIRUVANANTHAPURAM - 695014

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7 PROF. DR. B. VIMAL SUKUMAR FINANCIAL ADMINISTRATOR, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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8 NIBU VARKEY AGED 28 YEARS S/O.VARKEY JACOB, CO-SIGNATORY, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT CHERIKKALETH HOUSE, PEOPLE'S NAGAR, KADAPPAKADA, VADAKKEVILA VILLAGE, KOLLAM - 691008

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9 REV. DR. L. J. SAMJIS AGED 54 YEARS S/O. JOYAL, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, PASTOR & DISTRICT CHAIRMAN, C. S. I. CHURCH MUKKOLA, KALLAYAM P.O., KARAKULAM, THIRUVANANTHAPURAM - 695043

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10 REV. J. JAYARAJ AGED 45 YEARS S/O. JUSTUS, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, PASTOR, CSI CHURCH, SREEKARIYAM, GIFTHILL, SREEKARIYAM P.O., THIRUVANANTHAPURAM – 695017

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OP(C) NO. 779 OF 2023 3

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11 REV. T. GNANADAS AGED 56 YEARS S/O. M. THOMAS, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT VELANVILA VEEDU, VELLARADA P.O., THIRUVANANTHAPURAM- 695505

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12 REV. SABU ABRAHAM AGED 38 YEARS S/O. REV. T. W. ABRAHAM, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, PASTOR, CSI, ELAICODU WEST, ELAICODU, VELLAIKADAVU P.O., PULIYARAKONAM, THIRUVANANTHAPURAM- 695028

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13 EVT. DEVAPRASAD AGED 57 YEARS S/O. Y. JACOB, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, EVANGELIST, CSI CHURCH WESTMONT, VEERANAKAVU P.O., THIRUVANANTHAPURAM - 695572

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14 DR. SMITHA DANIEL AGED 35 YEARS ,W/O. SANTHOSH, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT 'SARGALAYAM', MEMALA P.O., VITHURA, THIRUVANANTHAPURAM-- 695551

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15 WILFRED RAJ AGED 55 YEARS S/O. JOHNSON, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT MERCY BHAVAN, NEYYAR DAM P.O., KALLIKKADU, THIRUVANANTHAPURAM - 695572

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16 LIDSON RAJ AGED 60 YEARS S/O. STHEPHANOS, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT EBNEZER, PJRRA C3, T.C.14/32(1), KUMARAPURAM, THIRUVANANTHAPURAM - 695011

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OP(C) NO. 779 OF 2023 4

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17 C. CHRISPIN AGED 57 YEARS MEMBER, S/O. CHRISTUDANAM, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT N. C. VILASAM, KOTTUKONAM, KUNNATHUKAL P.O., THIRUVANANTHAPURAM - 695504

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18 JOBY ALIAS SUDHEER AGED 44 YEARS S/O. SADANANDAN, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT SUBIN NIVAS, VALIYAVILA THEKKETHATTU, THIRUPURAM P.O., THIRUVANANTHAPURAM- 695133

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19 V. K. BABURAJ AGED 58 YEARS S/O. KARTHUDAS, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT BEEYES BHAVAN, NEAR CSI CHURCH, KARIPPOORU, KARIPPOORU P.O., NEDUMANGAD, THIRUVANANTHAPURAM - 695541

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20 SUKU C. OOMMEN AGED 45 YEARS S/O.OOMMEN, MEMBER, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM, RESIDING AT THELYIL CHARIVAKLAYIL, T.C.5/2680, LAYOLA ROAD, SREEKARIYAM, THIRUVANANTHAPURAM - 695017

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21 A. T. SHIBU MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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22 JOBI C.S MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM.- 695033

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OP(C) NO. 779 OF 2023 5

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23 RAJAMANI T

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MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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24 SATHY K

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MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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25 REV. JAYAKUMAR

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MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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26 REV. SAJ N STEWART MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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27 Y. GLADSTON DAS MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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28 DINESH KANYAKUMARI

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MEMBER, ADMINISTRATIVE COMMITTEE, SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA, LMS COMPOUND, THIRUVANANTHAPURAM - 695033

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29 CHURCH OF SOUTH INDIA CSI CENTRE, NO.5, WHITES ROAD, ROYAPETTAH, CHENNAI600 014. REPRESENTED BY GENERAL SECRETARY OF THE SYNOD

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30 AKHILJITH A.R MIZPAA, VAZHUTHOOR, NEYYATTINKARA P.O., PIN - 695121

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31 JERIN GILBERT ASHWAN BHAVAN, VENJARAKUZHI, PUNALAL P.O., VELLANAD-, PIN – 695575

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OP(C) NO. 779 OF 2023 6

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32 SUJITH KUMAR S.T CHRISTA BHAVAN, MOONAMMOODU, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695013 33 V.T. MOHANAN "CHETHANA", T.C.14/908(1), KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695011 34 SHEAM.P. ISAAC PUCHIRIYAKAM, VATTAPPARA-P.O., THIRUVANANTHAPURAM - 695028 BY ADVS. GOPIKRISHNAN NAMBIAR M ARUN.B.VARGHESE AISWARYA V.S. K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN R.CHETHAN KRISHNA

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 779 OF 2023 7

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JUDGMENT

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The petitioner came up seeking an early disposal

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of two pending applications. The Counsel for the respondents fairly submitted that pleadings are already completed and as such directions may be issued to dispose of the suit. If it is completed there will be a direction to dispose of the same within a time schedule of six months from the next posting date. If it is not completed earnest efforts shall be made to get the pleadings completed within a time schedule of one month from the next posting date and shall dispose of the same within another six months.

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This O.P(C) will stand allowed accordingly.

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Sd/P.SOMARAJAN JUDGE

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LEK

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OP(C) NO. 779 OF 2023 8

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APPENDIX OF OP(C) 779/2023

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PETITIONER EXHIBITS

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Exhibit-P1 A TRUE COPY OF THE AMENDED PLAINT DATED 16-01-2023 IN O. S. NO. 166 OF 2021 BEFORE THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT OF THIRUVANANTHAPURAM Exhibit-P2 A TRUE COPY OF THE I. A. NO. 1 OF 2021 INJUNCTION APPLICATION DATED 30-09-2021 Exhibit-P3 A TRUE COPY OF THE I. A. NO. 3 OF 2021 RECEIVER APPLICATION DATED 30-09-2021 Exhibit-P4 A TRUE COPY OF THE COUNTER-AFFIDAVIT FILED BY THE 4TH DEFENDANT DATED 09-122021 TO I. A. NO.1 OF 2021 Exhibit-P5 A TRUE COPY OF THE COUNTER-AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 08-122021 TO I. A. NO.3 OF 2021 Exhibit-P6 A TRUE COPY OF THE I. A. NO. 16 OF 2023 DATED 02-02-2023IN O. S. NO. 166 OF 2021 OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

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RESPONDENT EXHIBITS

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EXHIBIT R6(A) TRUE COPY OF THE DEATH CERTIFICATE ISSUED WITH RESPECT TO DEVAPRASAD THE 13TH RESPONDENT EXHIBIT R6 (B) TRUE COPY OF THE COMMON ORDER DATED 12.1.2023 IN IA 9/2021 AND IA 10/2021 IN OS 166/2021 OF THE 2ND ADDL.SUBORDINATE JUDGE THIRUVANATHAPURAM EXHIBIT R6(C) TRUE COPY OF THE CASE STATUS WITH RESPECT TO OS 166/2021 AVAILABLE IN THE OFFICIAL WEBSITE

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OP(C) NO. 779 OF 2023 9

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EXHIBIT R1(A)

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TRUE COPY OF I.A. NO. 12/2022 FILED BY THE 13TH DEFENDANT IN O.S. NO. 166/2021 BEFORE THE SUB COURT, THIRUVANANTHAPURAM

D. Mano v. Suku K Jacob

Case brief

What is this about?

What did the court decide?

D. Mano v. Suku K Jacob

Case brief

What is this about?

What did the court decide?

What the court decided

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