Babu v. Gracy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 OP(C).No. 2535 of 2014 (O) --------------------------- AGAINST THE ORDER IN OS 5/2012 of III ADDL. DISTRICT COURT, THRISSUR DATED 30-07-2014 PETITIONER(S):
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1. BABU AGED 59 YEARS S/O CHUNGATH STANLEY, CHUNGATH HOUSE MILK SOCIETY ROAD, KANIPPAYOOR P.O.
KUNNAMKULAM-680517.
2. JOSEPH S/O CHUNGATH STANLEY, CHUNGATH HOUSE OPPOSITE AMMA SUPER MARKET, NELLANKARA THRISSUR-680005.
3. SHAJU S/O CHUNGATH STANLEY, CHUNGATH HOUSE, KADAVIL ROAD CHEMBUKAVU, THRISSUR-680 020.
BY ADVS.SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE.
SRI.S.VINODKUMAR RESPONDENT(S):
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1. GRACY W/O CHUNGATH STANLEY, KOTTAPADI ANGADI, POOKODU DESOM CHAVAKAD TALUK, THRISSUR-680505.
2. RUBY, W/OKOLENCHERRY JOJO, SKYLINE, GREENVALLEY NO.5 VAZHAKKALA ROAD, THRIKKAKARA, KOCHI-682021.
3. LAILA W/O DR.A.J.MATHACHAN, DAFFODIL NEAR SACRED HEART COLLEGE, RAILWAY STATION ROAD CHALAKUDY-680307.
4. JOLLY W/O PARACKAL JOSE, KARAYIL DESOM, VADAKKUMBHAGOM MANJAPRA VILLAGE, ALUVA-683581.
5. REETHA W/O JOSE THOTTIL, WEST HILL, WHRA HOUSE NO.121 KGOSASI KUNNU, KURIYACHIRA, THRSSUR-680006.
6. LILLY W/O KANICHAI ANTONY, 28 SRINAGAR, CHAMPUTHUR ROAD NEAR GANDHI PARK, COIMBATORE-645001.
7. LUCKY MOL W/O LUCKY SABU VARGHESE, OOKKEN HOUSE, LUCKY MANOR 331 , 3RD CROSS, 7TH MAIN VIVEK NAGAR, BANGALORE-560047.
R4 BY ADV. SRI.G.SREEKUMAR (CHELUR) R3,R6 BY ADV. SRI.C.A.ANOOP THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2535 of 2014 (O) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1: A TRUE COPY OF WILL DATED 17.11.1990 EXECUTED BY CHUNGATH STANLEY, THE FATHER OF THE PETITIONERS.
EXHIBTI P2: A TRUE COPY PETITION INLOP 3/2008 FILED BEFORE THE DISTRICT COURT, THRISSUR.
EXHIBIT P3: TRUE COPY OF OBJECTION DATED 10.6.2009 FILED BY THE RESPONDENTS 1,2,3,5 AND 6 IN LOP 3/08 BEFORE DISTRICT COURT, THRISSUR.
EXHIBIT P4: TRUE COPY OBJECTION DATED 28.11.2008 FILED BY 4TH RESPONDENT IN LOP 3/08 BEFORE DISTRICT COURT, THRISSUR. EXHIBIT P5: TRUE COPY PLAINT IN OS NO.595/2007 OF MUNSIFFCOURT, CHAVAKKAD.
EXHIBIT P6: TRUE COPY ORDER IN OS NO.595/2007 OF MUNSIFF COURT, CHAVAKKAD.
EXHIBIT P7: TRUE COPY ORDER DATED 30.7.2014 IN OS NO.5/2012 (LOP NO.3/2009) OF THE II ADDITIONAL DISTRICT JUDGE, THRISSUR. RESPONDENT(S)' EXHIBITS NIL ----------------------- //TRUE COPY// P.A TO JUDGE vdv
K.ABRAHAM MATHEW, J.
======================= O.P(C)No.2535 of 2014 ============================ Dated this the 23rd day of December, 2015
JUDGMENT
Petitioners are the plaintiffs in O.S No.5 of 2012 of 3rd Additional District Judge, Thrissur. It was originally filed as O.P for Letters Of Administration No.3 of 2008. The respondents have filed O.S No.595 of 2007 before the Munsiff Court, Chavakkad for partition. In both suits genuineness of a will allegedly executed by the predecessor of the parties is in issue. The learned District Judge by Ext.P7 order stayed the proceedings in the suit before him. This is challenged in this O.P.
2. Heard.
3. The issue regarding genuineness of will can be decided in both suits. But the issues relating to partition can be decided only in the suit before the Munsiff Court. The suit for partition is a comprehensive suit. The learned District Judge was right in staying the trial of the suit before him.
O.P.(C) No.2535/2014
4. There is also a prayer to transfer the suit pending before the Munsiff Court to Additional District Court for joint trial with the other suit. This cannot be done for various reasons. In the result, this O.P is dismissed. The Munsiff Court shall try to dispose of the suit within four months from the date on which it becomes ripe for trial.
Sd/- K.ABRAHAM MATHEW , JUDGE vdv/23/12/15