High Court of KeralaOP(C)/935/2015disposed of

Antony v. Grammin Jenatha Welfare Co-Operative Society Ltd No. R-1224

2015-04-01Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 OP(C).No. 935 of 2015 (O) -------------------------- OS 766/2014 of MUNSIFF COURT,IRINJALAKUDA.

PETITIONER(S):

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1. ANTONY, AGED 72 YEARS, PENSIONER, S/O. PUTHEDA VAREDU, MUKUNDAPURAM TALUK, KALLUR VILLAGE, KALLUR DESAM, KALLUR P.O.M, THRISSUR - 680 317.

2. ROSY, AGED 62 YEARS, W/O. ANTONY, PENSIONER, MUKUNDAPURAM TALUK, KALLUR VILLAGE, KALLUR DESAM, KALLUR P.O., THRISSUR - 680 317, REPRESENTED BY HER POWER OF ATTORNEY MR. ANTONY, AGED 72 YEARS, S/O. PUTHEDA VAREDU, PENSIONER, MUKUNDAPURAM TALUK, KALLUR VILLAGE, KALLUR DESOM, KALLUR P.O., THIRUSSUR - 680 317.

BY ADVS.SRI.K.CHANDRACHOODAN (ERNAKULAM) SRI.INNOCENT FRANCIS PAPALI RESPONDENT(S):

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GRAMMIN JENATHA WELFARE CO-OPERATIVE SOCIETY, REGISTRATION NO. R 1224, MUKUNDAPURAM TALUK, KALLUR VILLAGE, KALLUR DESAM, KALLUR P.O., THRISSUR - 680 317 REPRESENTED BY ITS PRESIDENT.

2. GRAMIN JANATHA WELFARE COOPERATIVE SOCIETY, REGISTRATION NO R 10224, MUKUNDAPURAM TALUK, KALLUR VILLAGE, KALLUR DESAM, KALLUR P.O., THRISSUR - 680 317 REPRESENTE BY ITS SECERTARY.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.C. 935 OF 2015I APPENDIX PETITIONERS' EXTS.

EXT.P1 : TRUE COPY OF THE PLAINT FILED BY THE PETITIONERS IN O.S. NO. 766/2014 BEFORE THE HON'BLE MUNSIFF'S COURT, IRINJALAKUDA.

EXT. P2 : TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN O.S.NO. 766/2014.

EXT. P3 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 18.02.2013 ISSUED BY DR. S.K. MENON, ELIGHT MISSION HOSPITAL IN RESPECT OF THE FIRST PETITIONER.

EXT. P4 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 18.2.2013 ISSUED BY DR. S.K. MENON, ELIGHT MISSION HOSPITAL IN RESPECT OF THE SECOND PETITIONER.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 935 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2015.

JUDGMENT

In this Original Petition under Article 227 of the Constitution of India, the limited prayer is for a direction to the Munsiff's Court, Irinjalakuda to take up O.S. 766 of 2014 pending before the said court and dispose it of in accordance with law.

2. The petitioners instituted the above suit for a mandatory injunction. They say that they are advanced in age and they would like to see the culmination of the suit. It is pointed out that all steps are complete and the matter is ripe for trial. It is therefore prayed that there may be a direction to the court below to dispose of the suit. This Original Petition is disposed of directing the Munsiff's Court, Irinjalakuda to take up O.S. 766 of 2014 and dispose of the same in accordance with law, after

O.P.(C).935/2015.

hearing the parties, as expeditiously as possible, at any rate, within a period of six months from the date of re-opening of the court after summer vacation. This direction will not preclude the court below from entertaining the applications, if any, filed by the parties, in accordance with law.

P. BHAVADASAN, sb.

JUDGE