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High Court of KeralaOP(C)/70/2015disposed of

P.C.Hyma v. C.C.Pavithran

2015-01-12Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 OP(C).No. 70 of 2015 (O) ------------------------- AS.NO. 189/2012 OF SUB COURT, KANNUR ------------------ PETITIONER(S) :

-------------------------- 1.

P.C.HYMA D/O. P.C. LEELA, AGED 69 YEARS NO. 32, JANAKI RAMAN COLONY ARUMBAKKAM, CHENNAI - 600 106 NOW RESIDING AT SURAJ P.O. PATHAYAKUNNU, KANNUR DISTRICT.

2.

P.C DINESH S/O. P.C. LEELA, AGED 60 YEARS RESIDING AT PALM LANDS, KANNUR - 1 AND NOW RESIDING AT AMRITHAM P.O. CHALAD, KANNUR DISTRICT.

3.

P.C. SURENDRAN S/O. P.C. LEELA, AGED 61 YEARS C/O. MOHANDAS, JAFFAR MOTORS B.P. 90, KIGALI RWANDA, NOW RESIDING AT PREETHI, P.O. CHALAD KANNUR - 14.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/APPELLANTS :

----------------------------------------------

1. C.C. PAVITHRAN S/O. LATE BHASKARAN, AGED 71 YEARS CHARTERED ENGINEER, RESIDING AT PREMA VILLA CAMP BAZAR, KANNUR - 670 001.

2.

P.C. PREMA D/O. LATE BHASKARAN, AGED 67 YEARS RETIRED HEAD MISTRESS RESIDING AT PREMA VILLAGE CAMP BAZAR, KANNUR - 670 001.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(C).No. 70 of 2015 (O) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE ORDER IN F.D.I.A. NO. 2734 OF 2008 IN OS NO. 50 OF 1998 DATED 17.9.2010.

EXT.P2 COPY OF THE APPEAL MEMORANDUM IN AS NO. 189 OF 2012 OF SUB COURT, KANNUR.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.70 OF 2015 ------------------------------------------------- Dated this the 12th day of January, 2015.

J U D G M E N T

In this original petition under Article 227 of the Constitution of India, the limited prayer of the petitioners is for a direction to the Sub Court, Kannur to take up A.S.No.189/2012 and dispose of it on merits as expeditiously as possible.

2. The petitioners point out that the suit was one for partition in which preliminary decree was passed and final decree proceedings are going on. The petitioners would say that they would like to have their appeal heard on merits and they have been taking steps for the same. The petitioners also point out that unless the appeal is directed to be disposed of at the earliest, irreparable loss and injury will be caused to them.

3. After having heard the learned counsel for the petitioners, this Court finds no reason as to why the relief sought for by the petitioners should not be granted to them.

O.P.(C) No.70/2015 In the result, this petition is allowed. There will be a direction to the Sub Court, Kannur to take up A.S.No.189/2012 and dispose of it as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

Sd/- P.BHAVADASAN JUDGE smp