Kerala High Court
Mary vs Kochuthressia on 27 September, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
THURSDAY ,THE 27TH DAY OF SEPTEMBER 2018 / 5TH ASWINA, 1940
OP(C).No. 2429 of 2018
AGAINST THE ORDER/JUDGMENT IN I.A.NO.3005/2016 IN OS 836/2013 of 2ND
ADDITIONAL SUB COURT,THRISSUR
PETITIONER/S:
1 MARY, AGED 60 YEARS
W/O ITTIARA, RESIDING AT THEKKANATH PANDARAVALAPPIL,
MANGATTU KARA, PADIAM VILLAGE, THRISSUR-680613
2 T.I JOY,AGED 64 YEARS
S/O.ITTIARA, FROM THEKKANATH PANDARAVALAPPIL, MANGATTU
KARA, PADIAM VILLAGE, THRISSUR-680613, NOW RESIDING AT
SKYLINE MEED VILLA NO.1, P.O.PERINGAVU, THRISSUR
-680018.
3 T.I. CHACKO, AGED 55 YEARS
S/O.ITTIARA, RESIDING AT
THEKKANATH PANDARAVALAPPIL, MANGATTU KARA, PADIAM
VILLAGE, THRISSUR-680613.
4 GEETHA, AGED 45 YEARS, D/O. ITTIARA
RESIDING AT HILL GARDENS, ARRANGASERY PLOT NO.95, EAST
OF COMMUNITY HALL P.O.KUTTANALLOOR, THRISSUR - 680014.
5 FRANCIS, AGED 64 YEARS
S/O.JACOB, RESIDING AT
VADAKKETHALA POOVATHINGAL KARAMBU VILLAGE,
KANDASSANKADAVU, THRISSUR-680613.
6 JOHNY, AGED 61 YEARS, S/O. JACOB
RESIDING AT VADAKKETHALA POOVATHINGAL
KARAMBU VILLAGE, KANDASSANKADAVU,
THRISSUR-680613.
BY ADVS.
SRI.R.S.KALKURA
SRI.HARISH GOPINATH
SRI.M.S.KALESH
SMT.NEENU PAVITHRAN
SMT.P.ANJANA
SRI.P.I.NAJUMAL HUSSAIN
OP(C).No. 2429 of 2018
2
SMT.R.BINDU
SRI.R.HARIKRISHNAN (KAMBISSERIL)
RESPONDENT/S:
1 KOCHUTHRESSIA
W/O LONAPPAN, AGED 88, RESIDING AT THEKKANATH
PANDARAVALAPPIL,MANGATTU KARA, PADIAM VILLAGE,
THRISSUR-680613
2 JOSE,
AGED 77, S/O.LONAPPAN,
THEKKANATH PANDARAVALAPPIL, MANGATTU KARA, PADIAM
VILLAGE, THRISSUR-680613
3 LAISA,
AGED 73, W/O.FRANCIS,
CHIRAYATHU MANJIYIL,
OLLUKARA VILLAGE,
THRISSUR-680655.
4 ALICE,
AGED 68, W/O.ANTONY,
CHIRAMAL HOUSE, NADATHARA VILLAGE, THRISSUR-680751.
5 GEORGE,
S/O.LONAPPAN, AGED 63,
THEKKANATH PANDARAVALAPPIL, PADIYAM VILLAGE, THRISSUR-
680613
6 MAGGY,
W/O.JOHNSON, AGED 56,
KANNAMPUZHA PARAMBAN,
CHEMBUKAVU VILLAGE,
THRISSUR-680020.
7 LALI,
W/O.ANTONY JOSE, AGED 54,
MANIYORKATH MALAKKARAN, CHEMBUKAVU VILLAGE,
THRISSUR-680020.
8 JOBY,
S/O.LONAPPAN, THEKKANATH PANDARAVALAPPIL HOUSE,
PADIYAM VILLAGE, P.O.KANDASSANKADAVU, THRISSUR-680613.
OP(C).No. 2429 of 2018
3
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2018, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
JUDGMENT
Heard.
2. Considering the nature of the order going to be passed notice to the respondents is dispensed with.
3. The grievance of the petitioners is that so far no orders are passed in Exts.P6 and P7 and the case is now posted for trial. Surely the suit is that of the year 2013. But keeping in mind that if an order in Exts.P6 and P7 is necessary for a just decision in the case, the same has to be disposed of. Under such circumstances, the 2 nd Additional Sub Court, Thrissur is directed to dispose of Exts.P6 and P7 before the commencement of the trial.
With the above direction, this original petition is disposed of.
Sd/-
K.P.JYOTHINDRANATH
shg JUDGE
OP(C).No. 2429 of 2018
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.836 OF 2013 ON
THE FILE OF THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT, THRISSUR.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.836 OF 2013 ON THE FILE OF THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT THRISSUR FILED BY DEFENDANTS 1 TO 4.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PLAINTIFFS FOR THE ISSUE OF A COMMISSION AS I.A.1488 OF 2015 IN O.S.836 OF 2013 ON THE FILE OF THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT THRISSUR.
EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT AND PLAN SUBMITTED BY THE COMMISSIONER IN O.S.836 OF 2013 ON THE FILE OF THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT THRISSUR. EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR REMOVAL OF THE SURVEYOR FILED BY THE DEFENDANTS. EXHIBIT P6 TRUE COPY OF I.A.3005 OF 2016 IN OS.836 OF 2013 ON THE FILE OF THE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT, THRISSUR. EXHIBIT P7 THE TRUE COPY OF APPLICATION FILED BY THE DEFENDANTS FOR ACCEPTING ADDITIONAL WRITTEN STATEMENT AS I.A.1996 OF 2017.
EXHIBIT P7(A) TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY DEFENDANT NUMBER 1 TO 4, 9 AND 10. EXHIBIT P8 TRUE COPY OF THE SURVEY PLAN OF THE PROPERTY OF THE PLAINTIFFS AND DEFENDANTS.