T.C.Varughese v. Mathew Koshy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 OP(C).No. 966 of 2015 (O) ------------------------------------- EA.NO.1/2015 & EA.NO.18/2015 IN OS.NO.116/2012 OF THIRUVALLA MUNSIFF COURT ---------------- PETITIONER(S):

---------------------- T.C.VARUGHESE, AGED 76 YEARS, S/O.LATE CHACKO CHERIAN, THURUTHEL HOUSE, ERUVALLIPRA MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK.

BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENT(S):

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

MATHEW KOSHY, AGED 57, S/O.KOSHY, PARAPPALLIL HOUSE, AMALLOOR MURI, KUTTPPUZHA VILLAGE, THIRUVALLA TALUK-689103.

2.

SUSAN NELLIMOOTTIL, AGED ABOUT 58, HUSBAND'S NAME NOT KNOWN TO THE PLAINTIFF, NELLIMOOTTIL HOUSE, AMALLOOR MURI, DO. DO.-689103. 3.

K.V.VARUGHESE @ THANKACHEN, AGED ABOUT 57, S/O.LATE VARKEY, KANJIRAKKATTU HOUSE, MEENTHALAKKARA MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK-689103.

4.

MATHEW CHACKO, AGED ABOUT 58, S/O.CHACKO, KANJIRAKKATTU HOUSE, KAVUMBHAGOM MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK-689103. 5.

RAJU MUNDAMATTOM, AGED ABOUT 63, S/O.MATHAI, MUNDAMATTATHU HOUSE, AMALLOOR MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK-689103. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 966 of 2015 (O) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE DECREE IN OS.116/12 OF THIRUVALLA MUNSIFF DT.30/8/14 P2:

COPY OF THE EP.2/15 IN OS.116/12 OF MUNSIFF COURT, THIRUVALLA, DATED 8/1/15 P3:

COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER FILED IN EP.2/15 P4:

COPY OF THE EA.1/15 DATED 8/1/15 P5:

COPY OF THE COMMISSION APPLICATION EA.18/15 DATED 5/3/15 P6:

COPY OF THE PROSECUTION PETITION EA.134/15 DATED 28/3/15 RESPONDENTS' EXHIBIT ----------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 966 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of April, 2015

J U D G M E N T

The limited prayer in this original petition is for a direction to the Munsiff Court, Thiruvalla to take up Exts. P4 to P6 petitions, namely, E.A.No. 1/2015 filed on 08.01.2015, E.A.No. 18/2015 filed on 05.03.2015 and E.A.No. 134/2015 filed on 28.03.2015 respectively and dispose them of within a time limit to be fixed by this Court.

2.

The petitioner obtained a decree for permanent prohibitory injunction and on violation of the same, he filed the above petitions. The complaint of the petitioner is that these petitions are remaining unattended to and that causes irreparable loss and injury to him and he therefore prays for a direction for speedy disposal.

3.

Considering the nature of order that is sought for in this petition, it is felt that notice to the respondents is unnecessary.

O.P.(C) No. 966 of 2015 -2This petition is disposed of directing the Munsiff Court, Thiruvalla to take up Exts. P4 to P6 petitions made mention of above and dispose them of as expeditiously as possible, at any rate, within a period of four months from the date of re-opening of the court after summer vacation. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge