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Kunchu v. Lakshmi

Kerala HC25 Mar 2025OP(C)/687/2025

Case brief

AI extract

What is this about?

OP(C) 687/2025, Kerala High Court, Ernakulam, decided 25.03.2025 by Basant Balaji J.; direction to District Judge, Palakkad to dispose of IA No.1/2025 (delay condonation, 207 days) in AS No.25/2025 — appeal against final decree dated 26.06.2024 in O.S.No.130 of 2009, Munsiiff Court, Alathur (partition suit; earlier AS No.40/2011 dismissed); disposal within two months of receipt of judgment copy, after respondents' objections and hearing, conditioned on completed service; original petition disposed of; no statutes or precedents cited.

What did the court decide?

Direction to the District Judge, Palakkad to take up and dispose of IA No.1/2025 (delay-condonation petition in AS No.25/2025) within two months from receipt of a copy of the judgment, after giving respondents an opportunity to file objections and hearing them, subject to service being complete in the said IA.

Kunchu Vs Lakshmi — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the District Court, Palakkad, to take up and dispose of Ext.P1, IA No.01/2025 in AS No.25/2025 within a time frame. +1 more

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Court's answer

Taking into consideration that notice is ordered in IA No.1/2025 and if service is complete in the said IA, the Court directed the District Judge, Palakkad, to take up IA No.1/2025 and dispose of it after giving the respondents an opportunity to file objection and hearing them, within a period of two months from the date of receipt of a copy of the judgment.

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Detailed headnote1 paragraphs

Kerala High Court (Basant Balaji J.), by judgment dated 25.03.2025 in OP(C) No.687 of 2025 (neutral citation 2025:KER:26836), disposed of an original petition by which the petitioner Kunchu — appellant in AS No.25/2025 — sought a direction to the District Court, Palakkad to take up and dispose of Ext.P1, IA No.01/2025 in AS No.25/2025 within a time frame. The appeal challenges the final decree passed on 26.06.2024 in the partition suit O.S.No.130 of 2009 of Munsiiff Court, Alathur (preliminary decree having been upheld with AS No.40/2011 dismissed); the appeal was filed on 04.03.2025 with a petition (Ext.P1/IA No.1/2025) to condone a delay of 207 days, on which notice was ordered and remained unreturned, while the final decree was proceeded with and posted for delivery of property. On the District Judge's report dated 21.03.2025 confirming that notice was ordered in IA No.1/2025, the Court directed that, if service is complete in the said IA, the District Judge, Palakkad take up IA No.1/2025 and dispose of it after giving the respondents an opportunity to file objection and hearing them, within two months from receipt of a copy of the judgment. No statute or precedent was cited.

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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 BASANT BALAJI

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TUESDAY, THE 25^TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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OP(C) NO. 687 OF 2025

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IA 1/2025 IN AS NO.25 OF 2025 OF DISTRICT COURT & SESSIONS COURT,

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PALAKKAD ARISING OUT OF THE ORDER DATED 26.06.2024 IN FDIA 144/2021 IN

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OS NO.130 OF 2009 OF MUNSIFF COURT, ALATHUR

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PETITIONER/PETITIONER/APPELLANT:

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KUNCHU

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AGED 81 YEARS

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S/O.CHATHU, KURUTHIKKOTTIL, TARUR, ALATHUR, PALAKKAD,

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PIN - 678544

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS/RESPONDENTS/RESPONDENTS:

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1 LAKSHMI

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AGED 84 YEARS

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W/O.KRISHNAN, PULIKKAL PARAMBU, MUTHALAMCODE, ELANADU, THALAPPILLY, THRISSUR, PIN - 680506

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2 THANKAMANI (DIED) XXXXX

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3 NANI AGED 86 YEARS

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W/O.LATE.KRISHNANKUTTY, MELAZHY HOUSE,THOLANUR POST, ALATHUR, PALAKKAD, PIN - 678722

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4 SARADA (DIED) XXXX

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5 SUBHADRA AGED 75 YEARS W/O.PRABHAKARAN, SUPRABHA, CHEMATTIYAMPADAM, KODUMBU POST, PALAKKAD, PIN - 678007

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6 VALSALA

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AGED 73 YEARS

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D/O.CHATHU, PULIKKAL PARAMBU, MUTHALAMCODE, ELANADU, THALAPPILLY, THRISSUR, PIN - 680506

OPC 687/2025

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2025:KER:26836

7 KALYANI

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AGED 80 YEARS W/O.LATE.KOCHUNNI, KORANATHUKALATHIL,THONIPPADAM, VAVULYAPURAM,ALATHUR, PALAKKAD, PIN - 678543

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8 . PRASANTH AGED 41 YEARS S/O. LATE.KOCHUNNI, KORANATHUKALATHIL,THONIPPADAM, VAVULYAPURAM,ALATHUR, PALAKKAD, PIN - 678543

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9 PREETHA AGED 43 YEARS W/O.SIDHARTHAN, MANGHODU HOUSE, PUTHUNAGARAM POST, CHITTUR TALUK, PALAKKAD, PIN - 678503

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10 SREEKALA AGED 42 YEARS W/O.SAJEEV, PRASAD, PATYALA HOUSE, KINASSERY POST, PALAKKAD, PIN - 678701

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11 SREEPRIYA AGED 35 YEARS W/O.SUDHAKARAN, MOOCHITHARA VEETTIL,VAVULYAPURAM POST, ALATHUR, PALAKKAD, PIN - 678543

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12 MURALIDHARAN AGED 68 YEARS S/O.LATE.THANKAMMA, MULLAMATTAM HOUSE,KARAKUNNU POST, MALAPPURAM, PIN - 676123

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC 687/2025

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2025:KER:26836

JUDGMENT

(Dated this the 25th day of March, 2025)

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The original petition is filed for a direction to the

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District Court, Palakkad, to take up and dispose of Ext.P1, IA No.01/2025 in AS No.25/2025 within a time frame. The original suit was filed by the 1^st respondent for partition.

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The Trial Court had passed a preliminary decree, against which AS No.40/2011 was filed, which was dismissed subsequently. The Final Decree was passed in the original suit on 26.06.2024. Challenging the final decree, AS No.25/2025 was filed along with a petition to condone the delay of 207 days in preferring the above appeal.

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The grievance of the petitioner is that since

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notice is ordered on the delay petition, the final decree is proceeded with and posted for delivery of the property. Therefore, he seeks a direction.

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A report was called for, and a report

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dated 21.03.2025 was received from the District Judge,

OPC 687/2025

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2025:KER:26836

Palakkad. It is stated in the report that the appeal was filed on 04.03.2025, against the final decree. IA No.1/2025 was filed to condone the delay of 207 days in filing the appeal, and notice was ordered and is posted today, awaiting return of notice.

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Taking into consideration the fact that the notice is ordered in IA No.1/2025 and if service is complete in the said IA, I direct the District Judge, Palakkad, to take up IA No.1/2025 and dispose of the same after giving the respondents an opportunity to file objection and hearing them, within a period of two months from the date of

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receipt of a copy of this judgment.

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The original petition is disposed of as above.

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Sd/BASANT BALAJI JUDGE

OPC 687/2025

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