M.J Thomas v. M.J Chinna Alias Chinna Antony

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 OP(C).No. 1461 of 2015 (O) ------------------------------------- AS.NO.191/2014 OF DISTRICT COURT, ERNAKULAM ------------------- PETITIONER:

------------------- M.J THOMAS, AGED 69 YEARS, S/O.JOSEPH, RESIDING AT MATHIRAPILLIL HOUSE, THAIKKATTUKARA, CHOORNIKKARA, ALUVA.

BY ADVS.SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED SMT.P.SEENA RESPONDENTS:

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1. M.J CHINNA ALIAS CHINNA ANTONY, W/O ANTONY, BHATTATHIRIPAD ROAD, ERNAKULAM, KALOOR.P.O, KOCHI-682017.

2. M.J.GEORGE, S/O.JOSEPH, MATHIRAPPILLY HOUSE, KARTHEDAM MALIPURAM.P.O, ERNAKULAM DISTRICT-682511.

3. M.J.BABY, MATHIRAPPILLY HOUSE, KARTHEDAM, MALIPURAM.P.O ERNAKULAM DISTRICT-82511.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 1461 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE PRELIMINARY DECREE DATED 6.10.2004 PASSED IN O.S.102/2003 BY THE SUBORDINATE JUDGE'S COURT,KOCHI P2, P2(A) AND P2(B):-TRUE COPY OF THE COMMISSION REPORT AND PLANS SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A.759/2005 IN O.S.102/2003 P3 TRUE COPY OF THE FINAL DECREE PASSED BY THE SUBORDINATE JUDGES COURT,KOCHI IN I.A.759/2005 IN 102/2003 DATED 18/7/2013 P4 TRUE COPY OF THE FINAL JUDGMENT PASSED BY THE SUBORDINAGE JUDGES COURT KOCHI IN I.A.759/2005 IN O.S.102/2003 DATED 18.7.2013 P5 TRUE COPY OF E.P.71/2014 IN O.S.102/2003 ON THE FILE OF SUBORDINATE JUDGE'S COURT,KOCHI P6 THE TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN E.P.71/2014 IN O.S.

102/2003 P7 TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S.191/2014 ON THE FILE OF DISTRICT COURT,ERNAKULAM P8 THE TRUE COPY OF THE I.A.5538/2014 IN A.S.191/2014 P9 THE TRUE COPY OF I.A.5539/2014 IN A.S.191/2014 P10 TRUE COPY OF E.A.254/2014 IN E.P.71/2014 INO.S.102/2003 FILED BEFORE THE SUB COURT,KOCHI P11 COPY OF THE SAID ORDER PASSED IN E.A.254/2014 IN E.P.71/2014 IN O.S.102/2003 DATED 17/12/2014 PASSED BY THE HONOURABLE SUB COURT,KOCHI.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1461 of 2015 ````````````````````````````````````````````````````````````` Dated this the 23rd day of June, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ The final decree passed in the matter has been challenged through A.S.No.191/2014 filed before the District Court, Ernakulam. In the said appeal, I.A.No.5538/2014 has been filed for getting the delay condoned. The said IA is Ext.P8. Along with that, Ext.P9 application as I.A.No.5539/2014 has also been filed seeking the stay of execution proceedings.

2.

There was no challenge at the time of the passing of the preliminary decree. According to the appellant, he had expected a proper division in the final decree. Only later, he could find that an equitable division was not made in the final decree and thereby he is forced to challenge the final decree.

3.

The District Court, Ernakulam is directed to

OPC.1461/2015 : 2 :

dispose of Exts.P8 and P9, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The proceedings in the execution before the court below shall stand stayed till then. O.P.(Civil) is disposed of as above.

Sd/- (B.KEMAL PASHA, JUDGE) aks/23/06 // True Copy // PA to Judge