Sosamma Samuel v. M.A.Tomy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 ----------------------------- CC 49/2014 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, ALUVA PETITIONER/COMPLAINANT :

------------------------ SOSAMMA SAMUEL, AGED 71 YEARS, W/O.DR.K.M.SAMUEL, RESIDING AT 11 ROW HOUSE, CUSTOMS COLONY B, MILITARY ROAD, MAROL, ANDHERI EAST, MUMBAI - 400 059, REPRESENTED BY HER POWER OF ATTORNEY HOLDDR MR.DR.M.K. SAMUEL, AGED 72 YEARS, S/O. NAKRAMPURATH CHACKO MATHAI, KAVIL HOUSE, OTHARA MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, NOW RESIDING AT 11 ROW HOUSE, CUSTOMS COLONY B. MILITARY ROAD, MAROL, ANDHERI EAST, MUMBAI - 400 059.

BY ADVS.SRI.MANJU ANTONEY SRI.R.ANAS MUHAMMED SHAMNAD SRI.K.V.SOMANATHAN RESPONDENTS/ACCUSED:

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

1. M.A.TOMY, S/O. ANTONY, MANAVALAN HOUSE, NAVARASMI NAGAR, EDATHALA, ALUVA- 683 561.

2. JOHN THOMAS, CHAIRMAN, EDEN GARDEN WELFARE ASSOCIATION, A-102 RUBY APARTMENTS, IC COLONY, BORIVALI (WEST), MUMBAI - 400 092.

3. M.M. MATHEW, SECRETARY, EDEN GARDEN WELFARE ASSOCIATION, A-102 RUBY APARTMENTS, IC COLONY, BORIVALI (WEST MUMBAI - 400 092) RESIDING AT B/17, SAGAR DARSHAN 145B, GORAL ROAD, OPP. DON BOSCO HIGH SCHOOL BORIVALI (WEST), MUMBAI - 400 092.

4. RAJU AUGUSTINE GEORGE, S/O.M.V. GEORGE, MUNDAKKAL HOUSE, 26 KKP NAGAR, NEAR U.C. COLLEGE, ALUVA -683 101.

5. M.V. GEORGE, MUNDAKKAL HOUSE, 26 KKP NAGAR, U.C. COLLEGE, ALUVA - 683 101.

6. BRIJITH STEPHEN, W/O. STEPHEN SEBASTIAN, OTTAPLACKAL HOUSE, MONDOTTUMURI, AYALAMON VILLAGE, PATHANAPURAM, KOLLAM - 689 695.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/31/10/15

----------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------- EXHIBIT-P1- COPY OF THE COMPLAINT DATED 31/05/2011 FILED BY THE COMPLAINANT WHICH IS NUMBERED AS C.C 49/2014. EXHIBIT-P2- COPY OF THE POWER OF ATTORNEY (JOINT) DATED 20/04/2009 EXECUTED BY THE PETITIONER AND OTHERS IN FAVOUR OF K.M. SAMUEL.

RESPONDENTS' EXHIBITS :

----------------------- NIL // True Copy // P.A. To Judge DSV/31/10/15

B.KEMAL PASHA, J.

=================== O.P.(Crl.).No.212 of 2015 ==================== Dated this the 28th day of October, 2015

J U D G M E N T

Heard the learned counsel for the petitioner.

2. The petitioner seeks for an expeditious disposal of C.C.No.49 of 2014 pending before the Judicial First Class Magistrate's Court-I, Aluva. A report has been called for from the court below. The court below has reported that the court below shall take all earnest efforts to dispose of the matter as expeditiously as possible. The same is recorded. This O.P.(Crl) is disposed of. The court below is directed to take earnest effort to dispose of the matter as expeditiously as possible.

Sd/- B. KEMAL PASHA JUDGE DSV/28/10/15 // True Copy // P.A. To Judge