High Court of KeralaOP(C)/347/2015disposed of

Harikumar v. Padmavathiamma

2015-02-06Honourable Mr.Justice P.Bhavadasan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 OS 80/2001 of ADDITIONAL SUB COURT, KOLLAM --------------- PETITIONER(S):

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1. HARIKUMAR.M.R., AGED 55 YEARS S/O.REGHUNATHA PILLAI, KESAVA VILASAM GLASS FACTORY ROAD, KALAMASSERY, ERNAKULAM.

2. MAHESH, AGED 44 YEARS S/O.REGHUNATHA PILLAI, KESAVA VILASAM GLASS FACTORY ROAD, KALAMASSERY, ERNAKULAM.

BY ADVS.SRI.K.C.CHARLES SRI.M.POLY MATHAI SRI.VIMAL K.CHARLES SMT.A.T.RENJU SMT.NEYA JAMES RESPONDENT(S):

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1. PADMAVATHIAMMA, AGED 75 YEARS W/O.REGHUNATHA PILLAI, KESAVA VILASAM GLASS FACTORY ROAD, KALAMASSERY, ERNAKULAM-682347.

2. SREEKUMAR,, AGED 51 YEARS S/O.REGHUNATHA PILLAI, ALTHARAMADAM, CHITTOOR PO ERNAKULAM-682034.

3. GANESH KUMAR, AGED 48 YEARS S/O. REGHUNATHA PILLAI, JUNIOR ENGINEER BCED C.P.W.D. KENDRIYA SADAN, KORAMANGALA, BANGALORE - 34.

4. NAGESH M.R.,, AGED 45 YEARS S/O.REGHUNATHA PILLAI, KESAVA VILASAM GLASS FACTORY ROAD, KALAMASSERY, ERNAKULAM-682347. ....2/-

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5. KAMALUDDIN,, AGED 64 YEARS S/O. VEERASAHIB, KALLUVILA PUTHENVEETTIL PEREYAM CHERI, THAZHUTHALA VILLAGE, KOLLAM DISTRICT-688546.

6. ABDUL RAHIM,, AGED 49 YEARS S/O.SULAIMAN KUNJI, RAHIMA MANZIL VADAKKUMKARA KIZHAKKECHERIYIL, MUKHATHALA VILLAGE KOLLAM DISTRICT 688546.

7. LAILA BEEVI,, AGED 53 YEARS D/O.SULAIMAN HAJI, RASI MANZIL VADAKKUMKARA KIZHAKKECHERIYIL, MUKHATHALA VILLAGE KOLLAM DISTRICT-688546.

8. RAMLA, AGED 49 YEARS D/O.ABDUL KHADER, THATTARUVILA VEETTIL NADUVILAKKA CHERI, MAYYANAD VILLAGE, KOLLAM DISTRICT-688547.

9. SUNIL KUMAR, AGED 40 YEARS S/O.GOPALAN, GOPALA MANDIRAM, PERAYAM CHERY THAZHUTHALA VILLAGE-684337.

10. JOHNSON VARGHESE, AGED 47 YEARS S/O.VARGHESE, PLAMOOTTIL KIZHAKKETHIL, PATTATHANAM PO PATTATHANAMCHERI, VADAKKEVILA VILLAGE-684336.

11. MOLLY ANTONY, W/O.JOHNSON VARGHESE, AGED ABOUT 43, PLAMOOTTIL KIZHAKKETHIL, PATTATHANAM PO PATTATHANAMCHERI, VADAKKEVILA VILLAGE-684336. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A TRUE COPY OF THE DECREE IN O.S.NO.80/01 DATED 6/6/2009 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM. EXT.P2:

TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE DISTRICT COURT, KOLLAM IN R.S.A.759/2012 DATED 13/01/2014. EXT.P3:

TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 25/8/2014 IN R.P.428/2014 IN R.S.A.759/2012.

EXT.P4:

TRUE COPY OF I.A.NO.3125/2012 IN O.S.NO.80/2001 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 347 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2015.

JUDGMENT

This is a petition filed under Article 227 of the Constitution of India seeking a direction to the Sub Court, Kollam to take further proceedings in the final decree application filed by the petitioner.

2. O.S. 80 of 2001 was a suit for partition in which a preliminary decree was passed. An appeal was filed and a Second Appeal was also filed which ended in failure and a review petition also, but without success. The preliminary decree became final and the plaintiff moved an application for passing final decree in which he sought for appointment of the Commissioner as early as in March, 2012. The complaint of the petitioner is that the said petition is lying idle without any order being passed. The petitioner says that there may be a direction to the court

O.P.(C).347/2015.

below to proceed with the matter and dispose of the final decree application as expeditiously as possible.

3. In the light of the order that is proposed to be passed in this petition, notice to the respondents appears to be unnecessary.

4. The suit is of the year 2001 and 13 years have elapsed and this Court is given to understand that final decree application was filed as early as in 2012. One fails to understand the reason why the commission application has not been disposed of.

This Original Petition is disposed of directing the court below to dispose of the commission application. The court below shall ensure that the commission report is filed within a reasonable time and then take up the final decree proceedings in O.S. 80 of 2001 pending before the Additional Sub Court, Kollam and pass appropriate orders thereon in accordance with law as expeditiously as possible,

O.P.(C).347/2015.

at any rate, within a period of six months from the date of receipt of the commission report. This direction will not preclude the court below from considering and disposing of any application pending or filed before the court below in accordance with law.

P. BHAVADASAN, JUDGE sb.