Kerala High Court
K.Kalayanikutty Amma vs Malathy Amma on 21 February, 1958
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934
OP(C).No. 4260 of 2012 (O)
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PETITIONER(S):
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K.KALAYANIKUTTY AMMA, AGED 79 YEARS,
W/O.LATE KALAPURAKKAL BHASKARAN NAIR,
KARAKKATTU HOUSE, PAVARATTY P.O.,
THRISSUR DISTRICT.
BY ADV. SRI.B.RAMACHANDRAN
RESPONDENT(S):
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1. MALATHY AMMA,
AGED 76 YEARS, W/O.RAGHUNADHAN,
KALAPURAKKAL HOUSE,
VENKIDANGU P.O., THRISSUR 680 510.
2. RAGHUNADHAN, AGED 81 YEARS,
S/O.LATE VATTAPILLI MADHAVI AMMA,
KALAPURAKKAL HOUSE, VENKIDANGU P.O.,
THRISSUR 680 510.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11-12-2012, ALONG WITH O.P(C) 4261/2012, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
DSV/-
OP(C).No. 4260 of 2012 (O)
APPENDIX
PETITIONER(S) EXHIBITS :
EXT.P-1 COPY OF PARTITION DEED NO.289/1958 OF S.R.O.
MULLASSERY, DATED 21.2.1958.
EXT.P-2 COPY OF SALE DEED NO.710/2000 OF S.R.O.
MULLASSERY, DATED 9.4.2000.
EXT.P-3 COPY OF SETTLEMENT DEED NO.469/2000 OF SRO
MULLASSERY, DATED 9.3.2000.
EXT.P-4 COPY OF PRELIMINARY JUDGEMENT DATED 19.1.2004 IN
O.S.NO.648/2000 OF SUB COURT, THRISSUR.
EXT.P-5 COPY OF FINAL DECREE DATED 31.7.2009 PASSED IN
I.A. NO.2733/2004 IN O.S.NO.648/2000
EXT.P-6 COPY OF PLAINT DATED 10.10.2011 FILED AS O.S.
NO.1437/2011 BEFORE THE HONOURABLE SUB COURT,
THRISSUR.
EXT.P-7 COPY OF WRITTEN STATEMENT DATED 18.5.2012 IN O.S.
NO.1437/2011.
RESPONDENTS' EXHIBITS : NIL
// TRUE COPY //
P.A. TO JUDGE
DSV/-
V.CHITAMBARESH,J.
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O.P.(C) No. 4260 & 4261 of 2012
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Dated this the 11th day of December, 2012
J U D G M E N T
The only prayer urged at the time of hearing is to expedite the proceedings in execution of a final decree in the suit for partition. It is pointed out that the execution of the decree has not been interdicted in two other connected suits pending.
2. I direct the Court of the Subordinate Judge of Thrissur to surge ahead with the proceedings in E.P No.184/2011 in O.S No.648/2000 on its file. The proceedings shall be taken to a logical end within a period of two months from the date of receipt of a copy of this judgment.
3. The court below is at liberty to effect delivery in execution of the decree if there is no order of injunction against executing the decree in O.S No.373/2011 on the file of the Court of the Munsiff of Chavakkad or O.S No.1437/2011 on the file of the Court of the Subordinate Judge of Thrissur or any other superior Court.
No further directions are called for and the original petitions are disposed of .
smm V.CHITAMBARESH.
JUDGE
2
smm
3