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High Court of KeralaOP(C)/333/2015disposed of

Lekshmy K.Nair v. Thanuvan Krishnan Kutty

2015-02-05Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 OP(C).No. 333 of 2015 (O) ------------------------------------ OS 625/2013 OF PRINCIPAL MUNSIFF COURT, NEYYATTINKARA ......

PETITIONER(S):

----------------------- LEKSHMY K.NAIR, AGED 40 YEARS, D/O. CHARULATHA DEVI, MADAVA MANDIRAM, FORT WARD, THURUMBIL, RAMESWARATH, KADAVATTATHU DESAM, NEYYATTINKARA.

BY ADVS.SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA RESPONDENT(S):

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1. THANUVAN KRISHNAN KUTTY, AGED 74 YEARS, APSARA, NARIVAMOOD, PALLICHAL-695 020.

2. SOBHANA, AGED 60 YEARS, W/O. SASIDHARAN, NALINAM, T.C.40/1202, NEAR GOV. H.S.JAGATHI, SREEKRISHNANAGAR, THIRUVANANTHAPURAM - 695 014.

3. SUJITH, AGED 35 YEARS, S/O. SASIDARAN, NALINAM, T.C.40/1202, NEAR GOV. H.S.JAGATHI, SREEKRISHNANAGAR, THIRUVANANTHAPURAM - 695 014.

4. SOORAJ, AGED 33 YEARS, S/O. SASIDARAN, NALINAM, T.C.40/1202, NEAR GOV. H.S.JAGATHI, SREEKRISHNANAGAR, THIRUVANANTHAPURAM - 695 014.

5. SREEJITH, AGED 30 YEARS, S/O. SASIDARAN, NALINAM, T.C.40/1202, NEAR GOV. H.S.JAGATHI, SREEKRISHNANAGAR, THIRUVANANTHAPURAM - 695 014.

6. THANUVAN GIREESAN, AGED 66 YEARS, OPPOSITE HERA GATE, JAGATHI, THIRUVANANTHAPURAM - 695 014.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

OP(C).No. 333 of 2015 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- THE TRUE COPY OF THE O.S.NO. 625/2013 OF NEYYATTINKARA MUNSIFF COURT.

EXHIBIT P2- THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S.NO. 625/2013 OF NEYYATTINKARA MUNSIFF COURT. EXHIBIT P3- THE TRUE COPY OF THE COMMISSION APPLICATION. EXHIBIT P4- THE ADVOCATE COMMISSIONER INSPECTED AND FILED THE COMMISSION REPORT ALONG WITH THE SKETCH ON 2-7-2014 IN THE PETITION.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 333 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 05th day of February, 2015

J U D G M E N T

The limited prayer made in this original petition is for a direction to the Munsiff Court, Neyyattinkara to take up O.S.No. 625/2013 within a time frame to be fixed by this Court.

2.

The petitioner points out that all proceedings are complete and the Commissioner's report is also available. The case is simply being adjourned from time to time without any reason. The petitioner points out that he will be put to irreparable loss and injury due to the pendency of the suit and hence, there may be a direction to the court below to dispose of the suit as expeditiously as possible. 3.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.

O.P.(C) No. 333 of 2015 -2This petition is disposed of and the Munsiff Court, Neyyattinkara is directed to take up O.S.No. 625/2013 as early as possible, provided, it is ripe for trial and no petitions are pending for consideration and dispose of the same in accordance with law, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge