Kerala High Court
Vijayanasari vs Ambili on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
OP(C) NO. 927 OF 2024
OS NO.113 OF 2017 OF II ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM
PETITIONERS/PLAINTIFFS 1 & 2:
1 VIJAYANASARI
AGED 61 YEARS
S/O CHELLAPPANASARI (LATE),
KOLLAMVILAKATHU VEEDU NALUMUKKU,
KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
2 MANIYAN
AGED 79 YEARS
S/O CHELLAPPANASARI (LATE),
KOLLAMVILAKATHU VEEDU NALUMUKKU,
KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENTS/DEFENDANTS & PLAINTIFFS 3 TO 9:
1 AMBILI
AGED 55 YEARS
D/O APPU ASARI PAREEVILAKKATHU VEEDU,
MANNAMMOLLA, MANIKANDESWARAM P.O
THIRUVANANTHAPURAM, PIN - 695013
OP(C) NO. 927 OF 2024
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2 MR. ANIL KUMAR
AGED 45 YEARS
S/O. LATE APPU ASARI, PAREVILAKATHU VEEDU,
MANNAMMOOLA, MANIKANDESWARAM P.O.,
THIRUVANANTHAPURAM, PIN - 695013
3 SMT. BINDU
D/O. LATE APPU ASARI, C/O. KUMARASWAMI ASARI,
THALAPPANCODE, VILAVOORKAL, MALAYINKEEZHU P.O.,
THIRUVANANTHAPURAM, PIN - 695571
4 RAJESWARY,
AGED 47 YEARS
D/O. APPU ASARY, PAREVILAKATHU VEEDU, MANNAMOOLA,
PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695005
5 GIRIJA,
AGED 41 YEARS
D/O. APPU ASARY, PAREVILAKATHU VEEDU, MANNAMOOLA,
PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005
6 SIVAKUMARI
AGED 37 YEARS
D/O. APPU ASARY, PAREVILAKATHU VEEDU, MANNAMOOLA,
PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005
7 SMT. SUSHEELA
AGED 79 YEARS
D/O. LATE CHELLAPPANASARI, KOLLAMVILAKATHU VEEDU
NALUMUKKU, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
8 SMT. LALITHA
AGED 67 YEARS
D/O. LATE CHELLAPPANASARI, PANAYIL VEEDU
VAZHAYILA, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
9 MS. SHANTHA
AGED 60 YEARS
D/O. LATE CHELLAPPANASARI, KOLLAMVILAKATHU VEEDU
NALUMUKKU, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
OP(C) NO. 927 OF 2024
- : 3 :-
10 MR. THANKAPPAN,
AGED 70 YEARS
S/O. LATE CHELLAPPANASARI, PARAYIL VEEDU,
VILAYAMPALLIKONAM, MUKKOLA, THIRUVANANTHAPURAM,
PIN - 695541
11 SMT. SUMATHI
AGED 70 YEARS
D/O. LATE CHELLAPPANASARI, KOLLAMVILAKATHU VEEDU
NALUMUKKU, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
12 MR. KUTTAPPAN
AGED 64 YEARS
S/O. LATE CHELLAPPANASARI, KOLLAMVILAKATHU VEEDU
NALUMUKKU, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695043
13 SMT. KALA
AGED 54 YEARS
D/O. LATE CHELLAPPANASARI, KOLLAMVILAKATHU VEEDU,
NALUMUKKU, KUDAPPANAKKUNNU P.O,,
THIRUVANANTHAPURAM, PIN - 695043
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 927 OF 2024
- : 4 :-
G.GIRISH, J.
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OP(C) No. 927 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioners, who are plaintiffs in O.S.No.113 of 2017, a suit for partition, pending before the II Additional Munsiff Court, Thiruvananthapuram, have filed this petition under Article 227 of the Constitution of India, seeking a direction to the Trial Court to have expeditious disposal of the said suit.
2. The 1st petitioner is aged 61 years and the 2nd petitioner aged 79 years. It is stated that the petitioners are suffering from age related ailments, and that the procrastination of the proceedings in the said suit has been causing much hardships and sufferings to them.
3. As per order dated 11.04.2024, a report was called for from the Trial Court about the present stage of O.S.No.113 of 2017, and also the time required for the disposal of the said suit. OP(C) NO. 927 OF 2024
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The learned II Additional Munsiff, Thiruvananthapuram, in her letter dated 21.05.2024, reported that the said suit was once listed for trial on 05.08.2022, but it had to be adjourned since the plaintiffs filed amendment application and impleading application. The above said amendment application is reported to be still pending. The learned II Additional Munsiff, Thiruvananthapuram, has stated in her report that a period of four months time is required for the disposal of the suit after the completion of the pre-trial steps.
4. Having regard to the above report of the learned II Additional Munsiff, Thiruvananthapuram, and in the facts and circumstances of the case, I deem it appropriate to issue a direction to the Trial Court to dispose of the said suit within a period of four months from the date of receipt of a copy of this judgment.
The Original Petition stands disposed of with the above direction to the Trial Court.
Sd/-
G.GIRISH, JUDGE AS OP(C) NO. 927 OF 2024
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APPENDIX OF OP(C) 927/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO.
113 OF 2017 PENDING BEFORE THE 2ND ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS 1 TO 3 WHO ARE THE DEFENDANTS 1 TO 3 IN O.S. NO. 113 OF 2017 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, NEDUMANGAD.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS 4 TO 6 WHO ARE THE DEFENDANTS 4 TO 6 IN O.S. NO. 113 OF 2017 ON THE FILES OF THE 2ND ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE PRINTOUT OF THE CASE STATUS PERTAINING TO O.S. NO. 113 OF 2017 ON THE FILES OF THE 2ND ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.