Kerala High Court
Kurien Mathew vs P.P.Chacko
Author: K.Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938
OP(C).No. 1356 of 2016 ()
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OS. NO.392/2015 OF MUNSIFF COURT, ALAPPUZHA.
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PETITIONER(S)/DEFENDANT:
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KURIEN MATHEW, S/O. MATHAN,
AGED 80, MAMMOOTTIL PALLATHIL,
THALAVADY,KUTTANAD-689 575.
BY ADVS.SRI.P.HARIDAS,
SMT.S.SIKKY,
SMT.DIVYAK.NAIR,
SRI.P.C.SHIJIN.
RESPONDENT(S)/PLAINTIFF:
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P.P.CHACKO, S/O. POTHAN,
PALLATHIL, THALAVADY,
KUTTANAD-679 533.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
OP(C).No. 1356 of 2016
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE DECREE DATED 01/04/2000 IN O.S. NO.1011/1997
OF THE MUNSIFF COURT,ALAPPUZHA.
EXT.P2 COPY OF THE DECREE DATED 29/06/2013 IN O.S. NO.557/2010
OF THE MUNSIFF COURT,ALAPPUZHA.
EXT.P3 COPY OF THE PLAINT IN O.S. NO.392/2015 BEFORE THE
MUNSIFF COURT, ALAPPUZHA DATED 09/04/2015.
EXT.P4 COPY OF THE WRITTEN STATEMENT OF THE PETITIONER IN
O.S. NO.392/2015 OF MUNSIFF COURT,ALAPPUZHA
DATED 30/09/2015.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. HARILAL, J.
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O.P.(C) No. 1356 of 2016
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Dated this the 3rd day of June, 2016
J U D G M E N T
The petitioner is the defendant in O.S. No.392 of 2015, on the files of Munsiff's Court, Alappuzha. The above suit was filed by the respondent, claiming that he is entitled for the pathway, having 7 feet width, covered by Ext.P1 decree and the petitioner is attempting to reduce the width of the same. According to the petitioner, he has not made any attempt to reduce the width of the pathway and has filed written statement, admitting Ext.P1; but contended that the present suit is intended to abort construction of boundary wall in terms of Ext.P1 and to widen the pathway. The grievance of the petitioner is that he is a senior citizen aged 80 years and the delay in disposal of the suit would put him to a situation, O.P.(C) No. 1356 of 2016 -: 2 :- which would make him unable to enjoy the fruits of Ext.P1, Compromise decree. Hence, he sought for a direction to the trial court to dispose O.S. No.392 of 2015, at the earliest, within a time frame.
2. Heard the learned counsel for the petitioner.
3. The suit, which is sought to be disposed of at the earliest was one filed in the year 2015 only; but several old suits, having more priority, than the petitioner's suit are pending for trial.
4. However, the petitioner being an octogenarian, awaiting for an opportunity to enjoy the fruits of Ext.P1 compromise decree, he must be given some preference. Hence, the Munsiff's Court, Alappuzha is directed to dispose O.S. No.392 of 2015, at the earliest, at any rate, within a period of six months from today. Since the order passed will not cause prejudice to the respondent, notice O.P.(C) No. 1356 of 2016 -: 3 :- to the respondent will stand dispensed with.
This Original Petition (Civil) is disposed of accordingly.
Sd/-
K. HARILAL, JUDGE DST //True copy// P.A. To Judge