Ponnamma v. Thankamma

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 --------------------------- OS. NO.493/2011 AND OS. NO.385/2009 OF MUNSIFF COURT, MUVATTUPUZHA. .......

PETITIONER/1ST DEFENDANT:

--------------------------------------------- PONNAMMA, AGED 56 YEARS, W/O THANKKAPPAN, RESIDING AT PUTHENPURAYIL HOUSE, NJAYAPPILLI P.O., THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PINCODE:686 681.

BY ADV. SRI.PEEYUS A.KOTTAM.

RESPONDENT/PLAINTIFF 1-6/DEFENDANTS 2-8:

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1. THANKAMMA, W/O KUTTAPPAN, AGED 58 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

2. SAUDAMINI, D/O KUTTAPPAN, AGED 37 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

3. SAJIVASAN, S/O KUTTAPPAN, AGED 36 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

4. RENUKA, D/O KUTTAPPAN, AGED 34 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

5. REJEV, S/O KUTTAPPAN, AGED 33 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

6. JAYACEE, S/O KUTTAPPAN, AGED 31 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, THATTEKKADU KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 691.

7. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU, COCHIN-682 030.

8. SUPERINTENDENT OF RE SURVEY, MINI CIVIL STATION, ALUVA P.O., ERNAKULAM DISTRICT, PIN:683 501.

9. TAHSILDAR, KOTHAMANGALAM TALUK, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN:686 691.

10. VILLAGE OFFICER, KUTTAMPUZHA, KUTTAMPUZHA P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN:686 619.

R7 TO R10 BY GOVT. PLEADER SRI.BIJU MEENATTOOR. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.

APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS NO.493/2011 FILED BY THE PLAINTIFFS BEFORE ETHE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P2: THE TRUE COPY FO THE IA NO.715/2012 IN OS NO.493/2011 FILED BEFORE THE MUNSIFFS COURT MUVATTUPUZHA BY THE PETITIONERS/PLAINTIFFS.

EXHIBIT P3: THE TRUE COPY OF THE PLAINT DATED 19.08.2009 IN OS NO.385/2009 FILED BY THE PLAINTIFF BEFORE THE MUNSIFFS COURT, MUVATTUPUZHA.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P.(C).No. 2074/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th Day of September, 2015

J U D G M E N T

The petitioner's husband is the plaintiff in OS No. 385/2009 on the file of the Munsiff's Court, Muvattupuzha and the respondents 1 to 6 are the plaintiffs in O.S.No.493/2011 of the same court. The petitioner seeks for an early disposal of the above suits.

2.

This Court is called for a report from the court below with regard to the possible time within which the matter can be disposed of. It appears that the delay is on account of non filing of the commission report by the Advocate Commissioner. It is stated in the report by the learned Munsiff that six months' time is required to dispose the two suits. 3.

In view of the facts and circumstances, the learned Munsiff is directed to dispose the suits on or before 31-03-2016. The original petition is disposed of as above. Sd/- (A.MUHAMED MUSTAQUE, JUDGE) ms