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High Court of KeralaOP(C)/2504/2015disposed of

Kumari v. Sasi

2015-10-16Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 OP(C).No. 2504 of 2015 (O) ------------------------------------- OS 82/2013 of PRINCIPAL SUB COURT, KOCHI, DATED 23-10-2014 --------------------------- PETITIONER(S):

---------------------- KUMARI, AGED 54 YEARS, W/O.(THE LATE) PARAMAN, VELLUTHAITHARA, NAYARAMBALAM KARA, NAYARAMBALAM VILLAGE-685209. BY ADV. SMT.K.NANDINI RESPONDENT(S):

------------------------- SASI, S/O.BAVACHAN, AGED 55 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM P.O., KOCHI, ERNAKULAM DISTRICT-682509.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 2504 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE PLAINT IN OS.82/2013 DATED 4/4/13 OF THE SUB COURT, P2:

COPY OF THE MEMORANDUM OF AGREEMENT DATED 16/10/14 P2(A): COPY OF THE COMMON JUDGMENT DATED 23/10/14 IN OS.217/2012 OS.NO.79/2013 AND OS.82/13 OF SUB COURT, KOCHI P3:

COPY OF THE COMPLAINT DATED 15/5/15 SUBMITTED BY THE PETITIONER BEFORE THE C.I.OF POLICE NARAKKAL P3(A): COPY OF THE ACKNOWLEDGEMENT P4:

COPY OF THE COMPLAINTTO THE SI.OF POLICE, NARAKKAL DATED 16/6/11 P4(A): COPY OF THE ACKNOWLEDGEMENT RECEIPT P5:

COPY OF LAWYER'S NOTICE DATED 22/5/15 FROM THE PETITIONER TO THE RESPONDENT P6:

COPY OF THE COUNTER AFFIDAVIT IN IA.563/15 IN OS.82/13 DATED 30/6/15 P7:

COPY OF THE COUNTER AFFIDAVIT IN IA.5674/15 IN OS.82/13 DATED 30/6/15 P8:

COPY OF THE AFFIDAVIT WITH IA.727/15 DATED 31/7/5 FILED BY THE PETITIONER BEFORE SUB COURT, KOCHI.

RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JDUGE PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No.2504 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2015

J U D G M E N T

Petitioner was the defendant in O.S.No.82 of 2013 on the file of Sub Judge, Kochi. A compromise decree was passed. Thereafter, the petitioner filed Ext.P8 IA.No.727 of 2015 for appointment of a commissioner to sell the property. One of the prayers in this O.P is to direct the learned Sub Judge to dispose it of in a time bound manner. Maintainability of this application is doubtful. The learned Sub Judge shall try to dispose it of within one month from today.

2.

Another prayer is to direct the learned Sub Judge to keep in abeyance the proceedings pertaining to IA.Nos.563 of 2015 and 564 of 2015 filed by the respondents. It is not known for what purpose they have been filed. If they are pending, the learned Sub Judge is directed to dispose them also.

In the result, this O.P is disposed of with a direction to the learned Sub Judge to dispose of Ext.P8 application

O.P.(C) No.2504 of 2015 and IA.No.563 of 2015 and 564 of 2015 if they are pending.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge