Radhakrishnan vs P.R.Aji on 24 July, 2017

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Kerala High Court

Radhakrishnan vs P.R.Aji on 24 July, 2017

Bench: A.Hariprasad

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

              THE HONOURABLE MR. JUSTICE A.HARIPRASAD

      WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939

                     OP(C).No. 2492 of 2017 (O)
                     ---------------------------

AGAINST THE ORDER IN CMA NO.9/2017 DATED 24.7.2017 OF THE COURT OF
DISTRICT JUDGE, ALAPPUZHA ARISING FROM IA NO.1276/2015 IN OS 256/2015
DATED 04.1.2017 IN THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA


PETITIONERS/APPELLANTS/DEFENDANTS:
---------------------------------

     1.    RADHAKRISHNAN, AGED 53 YEARS
           S/O.PRABHAKARAN NAIR,
           PUTHENPARAMBU VEEDU, SN PURAM
           CHERTHALA, ALAPPUZHA

     2.    PUSHPA, AGED 46 YEARS
           W/O.SATEESHAN,
           KALATHUVELI VEEDU, SN PURAM
           CHERTHALA, ALAPPUZHA

           BY ADVS.SRI.DARSAN SOMANATH
                   SRI.V.DEEPAK


RESPONDENTS/RESPONDENTS/PLAINTIFFS:
----------------------------------

     1.    P.R.AJI, AGED 39 YEARS
           S/O.RAJAPPAN, POTTUVETTIL,
           CHARAMANGALAM MURI,
           KANJIKUZHI VILLAGE, CHERTHALA
           ALAPPUZHA - 690 505

     2.    T.P.SHEEJA, AGED 34 YEARS
           W/O.P.R.AJI,
           POTTUVETTIL, CHARAMANGALAM MURI
           KANJIKUZHI VILLAGE, CHERTHALA
           ALAPPUZHA - 690505




 THIS OP (CIVIL)  HAVING COME UP FOR ADMISSION  ON  16-08-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2492 of 2017 (O)
---------------------------



                              APPENDIX


PETITIONER'S EXHIBITS:

P1   :     COPY OF PLAINT IN OS NO.256/2015 OF ADDITIONAL MUNSIFF
COURT, ALAPPUZHA

P2   :     COPY OF THE ORDER IN IA NO.1276/2015 DATED 4.1.2017 OF
THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA

P3   :     EXT.C1 COPY OF THE COMMISION REPORT FILED BY ADVOCATE
COMMISSIONER VIMI S.

P4   :     COPY OF JUDGMENT IN CMA NO.9/2017 DATED 24.7.2017 OF
HON'BLE DISTRICT COURT, ALAPPUZHA



RESPONDENTS' EXHIBITS:  N  I  L



//TRUE COPY//


PA TO JUDGE



                         A. HARIPRASAD, J.
                      -------------------------------
                     O.P.(C).No.2492 of 2017
               ----------------------------------------------
            Dated this the 16th day of August, 2017


                              JUDGMENT

Heard the learned counsel for the petitioners.

2. Petitioners are the defendants in O.S.No.256 of 2015 pending before the Court of Additional Munsiff, Alappuzha. The trial court, on I.A.No.1276 of 2015, filed by the respondents, granted a direction to restore the pathway in plaint schedule Item No.2 property, by removing the obstructions. Aggrieved by the order, the petitioners/defendants approached the Court of District Judge, Alappuzha with C.M.A.No.9 of 2017. Ext.P4 is the order passed by the learned District Judge. As per Ext.P4, the appeal preferred by the petitioners was dismissed.

3. Learned counsel for the petitioners submitted that if the suit is decided on an early date, the issues can attain a quietus. Hence, I find no need to issue notice to the respondents before disposing the case.

O.P.(C).No.2492 /2017 2

The court below is directed to dispose O.S.No.256 of 2015 within a period of four months from the date of production of a copy of this judgment.

Sd/-

                                            A. HARIPRASAD
JV                                              JUDGE

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