Jacob Varghese v. P G Beena

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. 973 of 2015 (O) -------------------------- OS 141/2011 OF SUB COURT, NORTH PARAVUR ------------------ PETITIONER :

---------------------- JACOB VARGHESE S/O. M.T. VARGHESE, MALIEKKAL KOONAN PUTHENCHIRA, MUKUNDAPURAM THRISSUR DISTRICT.

BY ADVS.DR.GEORGE ABRAHAM SRI.RENNY AUGUSTINE RESPONDENT(S) :

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

P.G. BEENA 51 YEARS, W/O. N.V. KURIAN POKKATH HOUSE, KEEZHMADU ALUVA, ERNAKULAM DISTRICT - 683 101.

2.

N.V. KURIAN AGED 55 YEARS, S/O. N.K. VARGHESE NADUNLEMULLOTH, ELAMKULAM KALOOR, ERNAKULAM DISTRICT - 682 3.

GEORGE ALEXANDER S/O. T.G. ALEXANDER, THIRUVIAL PANDALAM, THEKKEKARA VILLAGE MAMPILLAYIL P.O., THUMPAMON, PIN - 689 502.

4.

STATE BANK OF TRAVANCORE M.G. ROAD BRANCH, ERNAKULAM REPRESENTED BY ITS ASSISTANT GENERAL MANAGER. BY SRI.K.NARAYANAN (PARUR) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(C).No. 973 of 2015 (O) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE PLAINT, OS NO. 141/2011 FILED BY THE 4TH RESPONDENT BANK.

EXT.P2 COPY OF THE WRITTEN STATEMENT DATED 29.7.2011 FILED BY THE PETITIONER.

EXT.P3 COPY OF IA NO. 862/2011 DATED 14.3.2011 FILED BY THE 4TH RESPONDENT BANK.

EXT.P4 COPY OF THE REPORT DATED 3.9.2012 FILED BY THE ADVOCATE COMMISSION.

EXT.P5 COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE COMMISSION REPORT.

EXT.P6 COPY OF IA NO. 2588/2012 FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No.973 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of April, 2015

J U D G M E N T

In this original petition, the limited prayer is for a direction to Sub Court, Paravur to dispose of I.A.No. 2588/2012 in O.S.No.141/2011.

2.

The petitioner is the first defendant in the suit. The suit was one for declaration of title, possession and injunction of the plaint schedule property. The plaintiff in the suit filed I.A.No. 862/2011 for locating the lie and nature of the property.

3.

The present grievance of the petitioner is that I.A.No.2588/2012 has been kept pending and that causes considerable loss and injury to the petitioner. 4.

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

O.P.(C) No.973 of 2015 -2This petition is disposed of directing the Sub Court, Paravur to take up I.A.No. 2588/2012 in O.S.No.141/2011 as early as possible and dispose it of as expeditiously as possible, at any rate, within a period of two months from the date of re-opening of the court after summer vacation. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge