First appellant in a partition appeal sought expeditious disposal of A.S. No.69/2022 before the District Court, Alappuzha. The appeal had already been heard and reserved for judgment; the High Court directed the District Judge to deliver judgment expeditiously and disposed of the petition.
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 C. JAYACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
OP(C) NO. 1043 OF 2023
IN AS NO.69/2022 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/1ST APPELLANT:
PRASANNA KUMAR AGED 53 YEARS, S/O. MADHAVAN, NEDUNGATTU, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O, ALAPPUZHA, PIN – 688523.
BY ADVS. THOMAS T.VARGHESE PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA ARAVIND SAMSON JIJO PAUL SALAHUDEEN AYOOBI T.A.
RESPONDENTS/RESPONDENTS AND APPELLANTS 2 TO 10:
1 DEVARAJAN AGED 60 YEARS, S/O. KESAVAN, PADATHU HOUSE, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523. 2 PRAKASAN AGED 50 YEARS, S/O. KESAVAN, PADATHU HOUSE, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523. 3 PRASANNA AGED 49 YEARS, D/O. KESAVAN, PADATHU HOUSE, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523. 4 SUMA AGED 45 YEARS, D/O. KESAVAN, PADATHU HOUSE, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
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AGED 70 YEARS, S/O. NARAYANAN, PADATHU HOUSE, PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O.,
ALAPPUZHA, PIN – 688523.
AGED 68 YEARS, S/O. NARAYANAN, PADATHU HOUSE,PERUMTHURUTH MURI,
KANJIKUZHI VILLAGE, S.L. PURAM P.O.,
ALAPPUZHA, PIN – 688523.
10 KUNJUMANI AGED 63 YEARS, W/O. LATE PURUSHOTHAMAN, PADATHU HOUSE,PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
PADATHU HOUSE,PERUMTHURUTH MURI,
KANJIKUZHI VILLAGE, S.L. PURAM P.O.,
ALAPPUZHA, PIN – 688523.
AGED 68 YEARS, D/O. NARAYANAN,
PADATHU HOUSE,PERUMTHURUTH MURI,
KANJIKUZHI VILLAGE, S.L. PURAM P.O.,
ALAPPUZHA, PIN – 688523.
AGED 68 YEARS, D/O. NARAYANAN, PADATHU HOUSE,PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
14 THANKAMMA AGED 68 YEARS, D/O. NARAYANAN, PADATHU HOUSE,PERUMTHURUTH MURI, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
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NEAR JANATA MARKET, POLLETHAI P.O.,
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AGED 65 YEARS, W/O. LATE KESAVAN SUKUMARAN
CHERTHALA ALAPPUZHA, PIN - 688555
AGED 65 YEARS, S/O. LATE KESAVAN SUKUMARAN PERUMBATTU CHIRAYIL, VARANAM P.O., CHERTHALA ALAPPUZHA, PIN - 688555
AGED 60 YEARS, S/O. MADHAVAN, NEDUNGATTU,
PERUMTHURUTH MURI, KANJIKUZHI VILLAGE,
AGED 58 YEARS, D/O. BHAVANI, PUTHENPURAKKAL, KATTOOR MURI, KALAVOOR P.O., ALAPPUZHA, PIN – 688522.
AGED 60 YEARS, S/O. MADHAVAN, NADUNGATTU HOUSE, PERUMTHURUTH HOUSE KANJIKUZHI VILLAGE,
CHERTHALA EAST MURI, VARANAD, CHERTHALA P.O., ALAPPUZHA, PIN – 688539.
38 LEELA MOHANDAS W/O LATE MOHANDAS, PERUMTHURUTH HOUSE, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
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39 PRAMOD S/O LATE MOHANDAS, PERUMTHURUTH HOUSE, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
40 PRASANTH
W/O LATE MOHANDAS, PERUMTHURUTH HOUSE, KANJIKUZHI VILLAGE, S.L. PURAM P.O., ALAPPUZHA, PIN – 688523.
BY ADVS. J.OM PRAKASH JOY THATTIL ITTOOP JACOB TOMLIN VARGHESE(K/457/2006) BIJISH B.TOM(K/000376/2001) NEVIS CASSANDRA L CAXTON LORETTA(K/541-F/2006)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated, this the 20th day of February, 2024
The first appellant in A.S. No.69/2022 of the District Court, Alappuzha, is the petitioner herein, who seeks expeditious disposal of the said appeal.
2. When the matter was taken up for consideration today, learned counsel for the respondent would submit that the appeal was heard and reserved for judgment on 21.04.2024. Inasmuch as the appeal has been heard, the learned District Judge will deliver judgment in the appeal expeditiously, without delay.
The Original Petition is disposed of, as above.
Sd/-
C.JAYACHANDRAN, JUDGE
Skk//24.02.2024
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APPENDIX OF OP(C) NO.1043/2023
PE TITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF FINAL DECREE PASSED IN I.A NO. 1778 OF 1995 IN O.S NO. 403 OF 1982 DATED 20.01.2004 EXHIBIT P2 TRUE COPY OF SUPPLEMENTARY FINAL DECREE DATED 24.09.2021 PASSED BY THE PRINCIPAL MUNSIFF COURT, CHERTHALA EXHIBIT P3 TRUE COPY OF MEMORANDUM OF APPEAL FILED AS A.S NO.69 OF 2022 BEFORE THE DISTRICT COURT, ALAPPUZHA BY THE PETITIONER AND OTHER LEGAL HEIRS OF LATE KITTU MADHAVAN DATED 19.08.2022 EXHIBIT P4 TRUE COPY OF STAY PETITION NUMBERED AS I.A NO. 2 OF 2022 IN A.S NO. 69/2022 IN THE DISTRICT COURT, ALAPPUZHA IN A.S NO. 69/2022 IN THE DISTRICT COURT, ALAPPUZHA DATED 19.08.2022
Prasanna Kumar
Devarajan
Prakasan
Prasanna
Suma
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
