Disposed

Annamma Thomas v. P.K.Padmavalliyamma

Kerala HC12 Jan 2024OP(C)/87/2024

Case brief

AI extract

What is this about?

Plaintiff whose suit was decreed sought early disposal of the defendant's pending first appeal. The court declined to fix a time limit but directed the District Judge to give preference in hearing, as the petitioner is a senior citizen entitled to priority under an administrative office memorandum.

What did the court decide?

Direction to the District Judge to prioritise hearing of A.S. No.25/2020 per the relevant office memorandum.

Annamma Thomas Vs P.K.Padmavalliyamma — Property and Title | 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 MR.JUSTICE C. JAYACHANDRAN

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FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945

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OP(C) NO. 87 OF 2024

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AGAINST JUDGMENT DATED 30.11.2019 IN OS 291/2017, PRINCIPAL MUNSIFF

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COURT, KOTTAYAM IN AS 25/2020, DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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PETITIONER(S)/RESPONDENT/PLAINTIFF:

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ANNAMMA THOMAS
AGED 84 YEARS
W/O LATE P.T.THOMAS,
CHERUMMOOTTIL HOUSE, PARAMPUZHA MOSCO KAVALA/ PARAMPUZHA
KARA, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK & DISTRICT., PIN -
686006

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BY ADV LIJOY P.VARGHESE

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RESPONDENT(S)/ APPELLANT/DEFENDANT:

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P.K.PADMAVALLIYAMMA
AGED 74 YEARS
D/O KESAVAPILLAI, SREENILAYAM HOUSE,
VADAVATHOOR P.O. KARA, VIJAYAPURAM VILLAGE,
KOTTAYAM TALUK & DISTRICT., PIN - 686010

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C.) No.87 of 2024

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C.JAYACHANDRAN, J.

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O.P.(C.) No.87 of 2024

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Dated this the 12^th day of January, 2024

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JUDGMENT

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The petitioner herein is the plaintiff in O.S. No.291/2017, as also, the respondent in A.S. No.25/2020. The suit has been decreed in favour of the petitioner, against which the respondent herein had preferred the above appeal. The petitioner seeks early disposal of the said suit.

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Though this Court is not inclined to specify the time limit for disposal of the appeal, since the appeal is of the year 2020, this Court takes note that the petitioner is a senior citizen and that, she is entitled to preference in the matter of disposal, as per the binding office memorandum issued by the High Court, on the administrative side.

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O.P.(C.) No.87 of 2024

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In the circumstance, there will be a direction

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to the learned District Judge to prioritize the hearing of

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A.S. No.25/2020 in accord with the relevant O.M.

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The Original Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/12-01

O.P.(C.) No.87 of 2024

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APPENDIX OF OP(C) 87/2024

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PETITIONER’S EXHIBITS:
EXHIBIT P1THE TRUE COPY OF THE JUDGMENT IN
O.S.NO.291/2017 DATED 30.11.2019 OF THE
PRINCIPAL MUNSIFF'S COURT, KOTTAYAM.
EXHIBIT P2THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN
A.S.NO.25 OF 2020 PENDING BEFORE DISTRICT AND
SESSIONS JUDGE, KOTTAYAM,
EXHIBIT P3THE TRUE COPY OF THE CASE STATUS DOWNLOADED
FROM THE INTERNET.
RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Annamma Thomas v. P.K.Padmavalliyamma

Case brief

What is this about?

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Annamma Thomas v. P.K.Padmavalliyamma

Case brief

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What did the court decide?

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