Jisha v. Manikandan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 OP (FC).No. 125 of 2015 (R) ---------------------------- PETITIONERS:

------------ - *1. JISHA, AGED 27 YEARS, (*DIED) W/O.KORAVANGATTU MANIKANDAN, AANANDAPURAM VILLAGE AND DESOM, THEKKOOTTU UNNIKRISHNAN VADAKKE THORAVU VILLAGE MUKUNDAPURAM TALUK.

2. MINOR PARVATHY, AGED 3 YEARS, REPRESENTED BY THE MOTHER AND GUARDIAN THE ISTPETITIONER ADDL3. UNNIKRISHNAN, S/O.THEKKOOT JANAKI AMMA, THORAVU VILLAGE, NORTH THORAVU DESOM, KUKUNDAPURAM TALUK, THRISSUR DISTICT.

ADDITIONAL PETITIONER 3 IS IMPLEADED VIDE ORDER DATED 20.5.15 IN IA.NO.6371/15 BY ADV. SRI.T.N.MANOJ RESPONDENTS:

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

1. MANIKANDAN, S/O.KORAVANGATTU PADMANABHAN NAIR, AANANDAPURAM PANDARANMOOLA DESOM, AANANDAPURAM VILLAGE, MUKUNDAPURAM TALUK 680 596.

2. SANTHAMMA, W/O.KORAVANGATTU PADMANABHAN NAIR, AANANDAPURAM PANDARANMOOLA DESOM, AANANDAPURAM VILLAGE, MUKUNDAPURAM TALUK - 680 596. BY ADV. SRI.G.SREEKUMAR (CHELUR) BY ADV. SRI.N.L.BITTO THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 125 of 2015 (R) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

---------------------- EXT.P-1: TRUE COPY OF THE CERTIFICATE DATED 28.2.2015 FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL AT MULAMKUNNATHUKAVU, THRISSUR. EXT.P-2: TRUE COPY OF THE CERTIFICATE DATED 27.1.2015 BY DR.NALINI. EXT.P-3: TRUE COPY OF THE OP 1005/14 PENDING ON THE FILES OF THE FAMILY COURT AT IRINJALAKUDA.

EXT.P-4: TRUE COPY OF ORDER DATED 9.2.2015 IN IA 2592/14 IN OP 1005/14 OF THE FAMILY COURT AT IRINJALAKUDA.

RESPONDENTS' EXHIBITS: NIL ---------------------- /TRUE COPY/ P.S TO JUDGE cl

C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.

................................................. O.P.(FC)No.125 of 2015 .................................................. Dated this the 20th day of May, 2015.

JUDGMENT

Ramakrishnan, J:

The prayer in the original petition is to expedite the disposal of O.P.No.1005/2014 pending before the Family Court, Irinjalakuda.

2. On the basis of the direction of this Court on 17.4.2015, the Family Court Judge has sent a report stating that he is prepared to dispose of the original petition within three months from the date of examination of the first petitioner.

3. Heard the counsel for the petitioners and the respondent. Since the first petitioner herein, who is the first petitioner in the lower court, is no more, steps will have to be taken to implead the legal heirs and only after completion of those formalities, trial of the case can be proceeded with. So, under the circumstances and also in view of the report submitted by the Family Court, this Court feels that there is no further order required except directing the Family Court to expedite the disposal of the case after completing the requisite

steps.

With the above directions and observations, this petition is disposed of.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

cl /true copy/ P.S to Judge