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High Court of KeralaOP(C)/1034/2015disposed of

Thankappan v. Laser Nadar Education And Research Foundation Trust, Rep.By Its Chairman

2015-04-084 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 OP(C).No. 1034 of 2015 (O) --------------------------- OS 314/2011 of SUB COURT,NEYYATTINKARA.

PETITIONER(S):

-------------- THANKAPPAN,S/O. VELAYUDHAN, AGED 64 YEARS, RESIDING AT RETNA PRABHA MANDIRAM, ETIIRUTHI MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK.

BY ADV. SRI.R.GOPAN RESPONDENT(S):

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

1. LASER NADAR EDUCATION AND RESEARCH FOUNDATION TRUST, REP.BY ITS CHAIRMAN, DAIVADANAM - 695 001.

2. DAIVADANAM, S/O. LASER NADAR, AGED ABOUR 84, RESIDING AT SUNIL BHAVAN, PUVANVILLA, THIRUPURATHUR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK 695 121.

3. D. RAJEEV, S/O.DAIVADANAM, AGED ABOUT 49, RESIDING AT CHATHOTATH VEEDU, KEEZHKOLLA DESOM, AMARAVILA, NEYYATTINKARA TALUK - 695121.

4. S.R. PRAVEEJA, W/O. D. RAJEEV, AGED ABOUT 39, RESIDING AT CHATHOTATH VEEDU, KEEZHKOLLA DESOM, AMARAVILA, NEYYATTINKARA TALUK - 695 121.

5. C.T. SHERLY, D/O. THANKAPPAN, AGED ABOUT 36, RESIDING AT RETNAPRABHA MANDIRAM, ETIIRUTHI MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK - 695 121.

6. D. SUNIL, S/O. DAIVADANAM, AGED ABOUT 49 YEARS, RESIDING AT SUNIL NILAYAM, UCHAKKADA PAYATTUVILA, BALARAMAPURAM, NEYYATTINKARA TALUK -695 121.

7. NISHA M.R., W/O. D. SUNIL, AGED ABOUT 39 YEARS, RESIDING AT SUNIL NILAYAM, UCHAKKADA PAYATTUVILA, BALARAMAPURAM, NEYYATTINKARA TALUK -695 121.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.C. 1034 OF 2015 APPENDIX PETITIONER'S EXTS:

EXT. P1 : PHOTOCOPY OF THE PLAINT IN O.S. NO. 3142011 FILED BY THE PETITIONER BEFORE THE SUB COURT, NEYYATTINKARA DATED 5.8.2011.

EXT. P2 : PHOTOCOPY OF THE ORDER DATED 1.11.2014 IN I.A. NO. 5704/2014 IN O.S. NO.1017/2014 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA.

EXT. P3 : PHOTOCOPY OF THE WRITTEN STATEMENT IN O.S.NO. 314/2011 BEFORE THE SUB COURT, NEYYATTINKARA DATED 16.1.2012.

EXT. P3(A) : PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 6 AND 7 IN O.S.NIO. 314/2011 BEFORE THE SUB COURT, NEYYATTINKARA DATED 16.1.2012.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 1034 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2015.

JUDGMENT

A suit filed in the year 2011 in which issues have been raised is awaiting trial.

2. Learned counsel for the petitioner points out that this causes considerable difficulties to the petitioner and there is no reason why the suit should not be tried when it is ripe for trial.

3. In the nature of the order that is proposed to be passed in this Original Petition, notice to the respondents appears to be unnecessary.

This Original Petition is disposed of directing Sub Court, Neyyattinkara to include O.S. 314 of 2011 in the list as expeditiously as possible and dispose of the same within within four months from the date of listing of the suit in the special list. P. BHAVADASAN, sb.

JUDGE