Mahaprasad vs M.S.Deepa on 2 April, 2019

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Kerala High Court

Mahaprasad vs M.S.Deepa on 2 April, 2019

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

                        OP(C).No. 297 of 2019

 AGAINST THE ORDER IN OS 197/2017 of MUNSIFF COURT,ATTINGAL DATED
                            22-04-2017

PETITIONER/PLAINTIFF:

             MAHAPRASAD,
             AGED 68 YEARS,
             S/O.CHELLAPPAN, RESIDING AT M.S.BHAVAN @
             VATTAMUDUMBIL VEEDU, PURAVOOR,
             CHIRAYINKEEZHU DESOM,
             KUNTHALLOOR VILLAGE,
             CHIRAYINKIL TALUK,
             THIRUVANANTHAPURAM DISTRICT - 695

             BY ADV. SRI.M.DINESH

RESPONDENTS/DEFENDANTS:

      1      M.S.DEEPA,
             AGED 34 YEARS,
             D/O.MAHAPRASAD, VATTAMUDUMBIL VEEDU,
             PURAVOOR, CHIRAYINKEEZHU DESOM,
             KUNATHALLOOR VILLAGE, CHIRAYINKIL TALUK,
             THIRUVANANTHAPURAM DISTRICT - 695 011.

      2      SHIBU,
             AGED 37, S/O.SADANANDAN,
             VATTAMUDUMBIL VEEDU, PURAVOOR,
             CHIRAYINKEEZHU DESOM,
             KUNTHALLOOR VILLAGE, CHIRAYINKIL TALUK,
             THIRUVANANTHAPURAM DISTRICT - 695 011.

      3      SYAMALA,
             AGED 61, D/O.RAGHAVAN,
             VATTAMUDUMBIL VEEDU, PURAVOOR,
             CHIRAYINKEEZHU DESOM, KUNTHALLOOR VILLAGE,
             CHIRAYINKIL TALUK,
             THIRUVANANTHAPURAM DISTRICT - 695 011.


THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
 OP(C).No. 297 of 2019             2




                                JUDGMENT

The petitioner herein has approached this Court seeking an expeditious disposal on O.S.No. 197/2017 pending before the Munsiff's Court Attingal. Notice was issued to the respondents and it is awaited. In the meanwhile, the learned Munsiff, by his communication dated 11.02.2019 has informed that, the case now stands posted for filing of the written statement of the 2nd defendant. The learned court has sought for ten months time for its disposal.

2. Having considered the limited prayer sought by the petitioner and the relief that is proposed to be granted, I am inclined to dispose of the notice to the respondents since any direction for early disposal can only enure to the benefit of both sides.

3. Accordingly the original petition (civil) is disposed of with a direction to the Court below to take up O.S. No.197/2017 and after fixing a date for OP(C).No. 297 of 2019 3 filing the written statement finally, the matter shall be taken up and disposed of on merits, in accordance with law, as expeditiously as possible, at any rate within a period of ten months from the date of the receipt of a copy of this judgment.

Sd/-

SUNIL THOMAS JUDGE VPK OP(C).No. 297 of 2019 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.197/2017 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL DATED 22/4/2017.

EXHIBIT P2 TRUE COPY OF THE I.A.NO.973/2017 IN O.S.NO.197/2017 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL DATED 22/4/2017.

EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM SUT ROYAL HOSPITAL, KOCHULLOOR, TRIVANDRUM.

EXHIBIT P4 TRUE COPY OF THE 'B' DIARY IN O.S.NO.197/2017 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL.

// TRUE COPY // PA TO JUDGE VPK

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