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Kerala High Court

Valsala Sivaji vs K.K.Suresh Babu on 5 April, 2019

Author: Sunil Thomas

Bench: Sunil Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

                        OP(C).No. 660 of 2019

   AGAINST THE ORDER/JUDGMENT IN AS 187/2015 of DISTRICT COURT,
                             THRISSUR



PETITIONER:

               VALSALA SIVAJI
               AGED 70 YEARS
               W/O.SIVAJI, KUNNATHULLI HOUSE,
               HARITHA GANDHI NAGAR, GURUVAYOOR.


               BY ADV. SMT.P.K.PRIYA



RESPONDENTS:

      1        K.K.SURESH BABU
               AGED 59 YEARS
               S/O.KALLAYIL KRISHNAN, P.O.KOLAZHI,
               THRISSUR DISTRICT, PIN-680581

      2        VISALAKSHI RAMAN
               AGED 72 YEARS
               MUTHANGAPARAMBIL HOUSE, MUNDATHIKKODE.P.O., THRISSUR-
               680581.

      3        K.K.SUSHEELAN
               AGED 74 YEARS
               KALLAYIL HOUSE, M.G.KAVU.P.O.,
               THRISSUR, PIN-680581.

      4        K.K.RAVEENDRAN
               AGED 65 YEARS
               KALLAYIL MANDIRAM, CHINA BAZAR,
               P.O.MEDICAL COLLEGE, THRISSUR-680581.

      5        SANTHA VIJAYAN,
               AGED 75 YEARS
               SANTHI HOUSE, CHINA BAZAR,
               P.O.MEDICAL COLLEGE, THRISSUR-680581.
 OP(C).No. 660 & 659 of 2019

                               2




      6      GEETHA CHANDRAN
             AGED 68 YEARS
             KUNNATHULLI HOUSE, LOAD NIVAS,
             M.G.KAVU.P.O., THRISSUR, PIN-680581.

      7      JAYA SIVARAMAN
             AGED 63 YEARS
             MARAKKATHU HOUSE, DEVI ACADEMY ROAD,
             P.O.KOLAZHI, THRISSUR, PIN-680581.

      8      GIRIJA HARIDAS
             AGED 64 YEARS
             EDAKKATTU HOUSE, KEERTHANA GANDHI NAGAR,
             GURUVAYOOR, PIN-680101.



THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019,
ALONG WITH OP(C) 659/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 OP(C).No. 660 & 659 of 2019

                                  3




                              JUDGMENT

The grievance of the petitioner is about the delay in disposal of A.S.No.186/2015 and A.S.No.187/2015 pending before the III Additional District and Sessions Court, Thrissur. It is stated that the petitioner is a senior citizen and would like to bring the litigation to its logical conclusion.

2. Considering the limited prayer sought and the relief that is proposed to be granted, I am not inclined to issue notice to the respondents.

3. Pursuant to a direction issued from this Court, the learned III Additional District and Sessions Judge by his communication dated 13.03.2019 has informed that he is in charge of the 1st Additional District and Sessions Court, Thrissur and that in spite of huge pendency of cases in that court, the matter can be taken up and disposed of as expeditiously as possible OP(C).No. 660 & 659 of 2019 4 within the reasonable time granted by this Court.

4. Having considered this, I am inclined to direct the court below to take up and dispose of A.S.No.186/2015 and A.S.No.187/2015 as expeditiously as possible, at any rate, within five months from the date of reopening after the mid summer holidays.

Accordingly, .P.(C). stands disposed of.

Sd/-

SUNIL THOMAS, JUDGE Pn 06/04 OP(C).No. 660 & 659 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.2498/2012 AND O.S.NO.4835/2012 DATED 29/11/2014 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR.
EXHIBIT P2 THE TRUE COPY OF THE APPEAL MEMORANDUM OF AS.NO.187/2015 ON THE FILES OF THE DISTRICT COURT, THRISSUR.