Disposed

Indira S. Nair v. Jyothi Kumar

Kerala HC26 Mar 2024OP(C)/2875/2023

Case brief

AI extract

What is this about?

Petitioners sought a direction to the II Additional Munsiff Court, Thiruvananthapuram to expedite disposal of a 2012 suit and counter claim. The Munsiff reported three months sufficed; the High Court directed disposal within three months from 20/05/2024.

What did the court decide?

Direction to the II Additional Munsiff Court, Thiruvananthapuram to dispose of O.S.No.1586/2012 within three months from 20/05/2024.

Indira S. Nair Vs Jyothi Kumar — Civil Procedure and Limitation | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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OP(C) NO. 2875 OF 2023

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AGAINST THE ORDER/JUDGMENT DATED IN OS NO.1586 OF 2012 OF II ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM

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PETITIONERS/DEFENDANTS:

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1 INDIRA S. NAIR AGED 74 YEARS, W/O. MR. SREEKUMARAN NAIR, A-18, DEEPASHRI, A WING, M.C. CHAGLA MARG, BAMANVADA, VILE-PARIE, EAST MUMBAI, PIN - 400099 2 MEENA A.N AGED 53 YEARS, W/O T.V.VINOD KUMAR RESIDING AT P-90, JEEVAN BHIMANAGARA H.A.L, 3RD STAGE, JEEVAN BHIMANAGARA, BANGALORE (B.M.P) B.B.M.P, PIN – 560075

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BY ADVS. LIJU.V.STEPHEN P.M.HRIDYA INDU SUSAN JACOB TAJ K. TOM

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RESPONDENT/PLAINTIFF:

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JYOTHI KUMAR AGED 58 YEARS, S/O. MADHAVAN NAIR T.C. 7/1407, KUZHIVILA VEEDU PANGODE WARD, VATTIYOORKKAVU P.O., T HIRUVANANTHAPURAM, PIN - 695013

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) No. 2875/2023

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..2..

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J U D G M E N T

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Dated this the 26^th day of March, 2024

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Heard the counsel for the petitioners. The limited prayer in this original petition is to give a direction to the II Additional Munsiff Court, Thiruvananthapuram to dispose of the suit and the counter claim in O.S.No.1586/2012 within a time frame.

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The suit is of the year 2012. A report has been called from the learned Munsiff, who reported that the suit could be disposed of within a period of three months.

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Hence, this original petition is disposed of with a direction to the

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learned Munsiff to dispose O.S.No.1586/2012 within a period of three months from 20/05/2024.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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O.P.(C) No. 2875/2023

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..3..

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APPENDIX OF OP(C) 2875/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	COPY OF PLAINT O.S. NO. 1586/ 2012 ON THE FILES OF THE II ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P2	COPY OF WRITTEN STATEMENT ALONG WITH COUNTER CLAIM IN O.S. NO. 1586/2012 ON THE FILES OF THE ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P3	COPY OF ORDER DATED 6-1-2015 IN I.A. NO. 7806/2014 IN O.S. NO. 1586/2012 ON THE FILES
	OF THE II ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P4	COPY OF THE REPORT OF THE ADVOCATE
	COMMISSIONER DATED 9-4-2016 ALONG WITH SURVEY PLAN
EXHIBIT P5	COPY OF THE ORDER IN I.A. NO. 289/2018 DATED 17.06.2020 IN O.S. NO. 1586/2012 ON THE
	FILES OF THE II ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P6	TRUE COPY OF WILL NO.73/05/III DATED 15.04.2005 OF SASTHAMANGALAM SRO
EXHIBIT P7	TRUE COPY OF I.A. NO. 8/2023 IN O.S. NO. 1586/2012 ON THE FILES OF THE ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P8	TRUE COPY OF I.A. NO. 9/2023 IN O.S. NO. 1586/2012 ON THE FILES OF THE ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM
EXHIBIT P9	TRUE COPY OF I.A. NO. 10/2023 IN O.S. NO. 1586/2012 ON THE FILES OF THE ADDL. MUNSSIF'S COURT, THIRUVANANTHAPURAM

Indira S. Nair v. Jyothi Kumar

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Indira S. Nair v. Jyothi Kumar

Case brief

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