Kerala High Court
Fr.Sebastian Perumbani @ Fr.Sheen vs Casa Generalizia Carnelitani Sealzi on 30 March, 2021
Author: T.V.Anilkumar
Bench: T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
OP(C).No.625 OF 2021
IN OS 913/2020 OF MUNSIFF COURT-III, THIRUVANANTHAPURAM
PETITIONER/PLAINTIFF IN O.S.:
FR.SEBASTIAN PERUMBANI @ FR.SHEEN,
AGED 48 YEARS,
MOUNT CARMEL PROVINCIAL HOUSE, COTTON HILL,
THIRUVANANTHAPURAM-695 014.
BY ADVS.SRI.D.AJITHKUMAR
SMT.T.MANASY
SMT.HARSHA S. NAIR
RESPONDENTS/ DEFENDANTS 1 TO 13 IN O.S.:
1 CASA GENERALIZIA CARNELITANI SEALZI,
CORSO DTTALIA, 38, 00198, ROMA, REPRESENTED BY
SUPERIOR GENERAL FR. SAVERIO CANNISTRA, OCD,
ROMA.
2 FR. SAVERIO CANNISTRA, OCD,
SUPERIOR GENERAL OF CASA GENERALIZIA CARNELITANI
SEALZI, CORSO DTTALIA, 38, 00198, ROMA.
3 MALABAR PROVINCE DISCALCED CARMELITIES,
MOUNT CARMEL PROVINCIAL HOUSE, COTTON HILL,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS
PROVINCIAL FR. SEBASTIAN KOODAPPATTU.
4 FR. KOODAPPATTU,
OCD RESIDING AT MOUNT CARMEL PROVINCIAL HOUSE,
COTTON HILL, THIRUVANANTHAPURAM-695 014,
PROVINCIAL OF MALABAR PROVINCE.
5 FR. FRANCIS KUNNEL PURAYIDAM, OCD,
RESIDING AT MOUNT CARMEL PROVINCIAL HOUSE ,
COTTON HILL, THIRUVANANTHAPURAM-695 014, FIRST
COUNCILLOR OF MALABAR PROVINCE.
6 FR. MATHEW CHOORAPANTHIYIL, OCD,
RESIDING AT MOUNT CARMEL PROVINCIAL HOUSE,
COTTON HILL, THIRUVANANTHAPURAM-695 014, SECOND
COUNCILLOR OF MALABAR PROVINCE.
O.P.(C)No.625/2021
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7 FR. JOSEPH MECHERY, OCD,
RESIDING AT MOUNT CARMEL PROVINCIAL HOUSE,
COTTON HILL, THIRUVANANTHAPURAM-695 014, THIRD
COUNCILLOR OF MALABAR PROVINCE.
8 FR. JAMES ALANKUZHIYIL, OCD.
MOUNT CARMEL PROVINCIAL HOUSE, COTTON HILL,
THIRUVANANTHAPURAM-695 014, FOURTH COUNCILLOR
OF MALABAR PROVINCE.
9 FR. JACOB ETTUMANOORKARAN, OCD,
RESIDING AT ORDEM, CARMELITAS DESCALOS, IGRE
JA CARMO-RC CARMO-1, 9050019, PUNCHAL,
PORTUGAL.
10 FR. MATHEW THEKKAL, OCD,
MOUNT CARMEL MONASTERY, WUNAD ROAD,
MALAPARAMBU,
KOZHIKODE-673 009
11 FR. MATHEW AZHAKATH,
OCD, NIRJHARI, CARMELARAM P.O,
BANGALORE-560 035
12 FR. MARTIN KURISINKAL, OCD,
CARMEL ASHRAM, OKKAL P.O,
ERNAKULAM-683 550
13 FR. THOMAS KUZHIYALIL, OCD,
MOUNT CARMEL ASHRAM, PERAVOOR P.O,
KANNUR-670 673
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.625/2021
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Dated this the 30th day of March,2021
J U D G M E N T
The sole plaintiff in O.S.No.913/2020 on the file of Munsiff Court-III, Thiruvananthapuram, has filed this original petition for issue of appropriate direction to the court below to consider and dispose of I.A.Nos.1, 4, 5/2020 & 6/2021.
2. A report was called for from the court below in this respect and according to the court below, a period of three months may be required to dispose of all these applications.
3. I heard the learned counsel for the petitioner.
4. The learned counsel for the petitioner points out that I.A.No.4/2020 was filed for issue of summons via e-mail. I.A.No.6/2021 was filed for making corrections. It goes without saying that the court below may be able to take up and dispose of I.A.No.4/2020 and 6/2021 within a day or two in accordance with law after hearing parties, if any.
5. Having heard the submissions made on behalf of the petitioner with respect to other O.P.(C)No.625/2021 -:4:- interlocutory applications, I am of the opinion that the court below may also urgently attend to those applications and dispose of them within the time frame mentioned below.
In the result, original petition is allowed calling upon the court below to take all earnest efforts to dispose of I.A.Nos.1 & 5/2020 before the court closes for vacation, if possible and otherwise within a week immediately after the court re-opens, I.A.Nos.4/2020 and 6/2021 shall be disposed of forthwith without any further delay as already indicated above.
All pending interlocutory applications will stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
O.P.(C)No.625/2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S .NO.
913/2020 IN MUNSIFF COURT III, THIRUVANTHAPURAM DATED 7.9.2020. EXHIBIT P2 TRUE COPY TRUE COPY OF THE I.A.NO. 1 OF 2020 IN O.S.NO. 913/2020 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 7.9.2020.
EXHIBIT P3 TRUE COPY OF THE OBJECTION FOR AN ON BEHALF OF 3RD, 9TH AND 11TH RESPONDENTS TO I.A. NO. 1 OF 2020 IN O.S NO.
913/2020 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE I.A NO. 4 OF 2020 IN O.S NO. 913/2020 DATED 2.11.2020 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS 3,9,10 AND 11 TO EXHIBIT P4 DATED 6.11.2020.
EXHIBIT P6 TRUE COPY OF THE I.A NO. 5 OF 2020 IN O.S. NO. 913/2020 DATED 2.11.2020 DATED 2.11.2020 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE COPY OF THE OBJECTION TO THE EXHIBIT P6 I.A. DATED 10.11.2020 FILED BY RESPONDENTS 3,9,10, AND 11 TO THE EXHIBIT P6 I.A. EXHIBIT P8 TRUE COPY OF THE I.A NO. 6/2021 IN O.S. NO. 913/2020 DATED 1.1.2021 ON THE FILE OF MUNSIFF'S COURT, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL