High Court of KeralaOP(C)/390/2015disposed of

Rohinippanikkathi v. Sarasamma

2015-02-11Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 OP(C).No. 390 of 2015 (O) ------------------------------ (OS 62/2013 of MUNSIFF COURT, CHERTHALA) PETITIONER:

--------------- ROHINIPPANIKKATHI, AGED 57 YEARS, NIKARTHIL HOUSE, UZHAVA MURI, PATTANAKKADU VILLAGE, CHERTHALA TALUK.

BY ADV. SRI.B.PRAMOD RESPONDENTS:

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

1. SARASAMMA, AGED 70 YEARS W/O.SREEDHARAPPANICKAR, NIKARTHIL HOUSE, UZHUVA MURI, PATTANAKKADU VILLAGE, CHERTHALA TALUK - 688 524.

2. ANITHA, AGED 45 YEARS, NIKARTHIL HOUSE, UZHUVA MURI, PATTANAKKADU VILLAGE, CHERTHALA TALUK - 688 524.

3. SAJITHA, AGED 40 YEARS, NIKARTHIL HOUSE, UZHUVA MURI, PATTANAKKADU VILLAGE, CHERTHALA TALUK - 688 524.

4. KAVITHA, AGED 39 YEARS, NIKARTHIL HOUSE, UZHUVA MUKRI, PATTANAKKADU VILLAGE, CHERTHALA TALUK - 688 524.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 390 of 2015 (O) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :

----------------------------- P1:- TRUE COPY OF THE PLAINT IN OS NO.62/13 OF THE MUNSIFF COURT, CHERTHALA.

P2:- TRUE COPY OF THE JUDGMENT IN OS NO 92/2007 OF THE ADDL. MUNSIFF'S COURT CHERTHALA.

P3:- TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN OS NO.62/2013 OF THE MUNSIFFS COURT, CHERTHALA.

P4:- TRUE COPY OF THE B DAIRY IN RELATION TO O.S.NO.62/13 OF THE MUNSIFF'S COURT, CHERTHALA.

RESPONDENTS' EXHIBITS: NIL.

----------------------------- // True copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.390 OF 2015 ------------------------------------------------- Dated this the 11th day of February, 2015.

J U D G M E N T

This original petition under Article 227 of the Constitution of India is filed seeking a direction to the Munsiff Court, Cherthala to take up O.S.No.62/2013 pending before it and dispose of it as expeditiously as possible.

2. The suit is one for fixation of boundary as well as injunction. Issues have not yet been raised.

3. This Court is given to understand that no commission report is available. Under these circumstances, it becomes difficult for this Court to direct disposal of the suit immediately. This original petition is disposed of directing the Munsiff Court, Cherthala to take such steps as are necessary for the progress of the suit and after the steps are completed, dispose of the suit in accordance with law within a period of six months thereafter.

Sd/- P.BHAVADASAN JUDGE smp