High Court of KeralaOP(C)/3029/2014disposed of

Dr. Joseph James v. Jose Joseph

2015-03-05Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 OP(C).No. 3029 of 2014 (O) ------------------------------- (CMA 14/2013 of SUB COURT, PAYYANNUR) PETITIONER:

-------------- DR. JOSEPH JAMES, MATTAM HOUSE, HOUSE No.14/175 A, VARNAM NAGAR, NAD P.O., ALWAYE EAST, PIN - 683 563.

BY ADVS.SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.RAYNOLD FERNANDEZ SRI.MANU GEORGE KURUVILLA SRI.AMAL GEORGE MEVADA RESPONDENT:

---------------- JOSE JOSEPH MATTATHIL HOUSE, PAYYAVOOR P.O., SREEKANTAPURAM, KANNUR DISTRICT, PIN - 670 633.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 3029 of 2014 (O) ------------------------------- APPENDIX PETITIONER'S EXHIBITS :

---------------------------- EXHIBIT P1: TRUE PHTOCOPY OF THE DOCUMENT NO. 2663/1983 OF SRO SREEKANTAPURAM.

EXHIBIT P2: TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 221 OF 2013 DATED 13/02/2013.

EXHIBIT P3: TRUE PHOTOCOPY OF THE MEMORANDUM OF PLAINT IN OS 192 OF 2013.

EXHIBIT P4: TRUE PHOTOCOPY OF THE PRELIMINARY COMMISSION REPORT DATED 11/06/2013, IN OS 280 OF 2013, IN OS 280 OF 2013 BEFORE THE MUNSIFF'S COURT, TALIPARAMBA.

EXHIBIT P5: TRUE PHOTOCOPY OF BY ORDER IN IA 1319 OF 2013 IN OS 280 OF 2013, DATED 06/07/2013.

EXHIBIT P6: TRUE PHOTOCOPY OF THE CMA 14 OF 2013 BEFORE THE SUB COURT, PAYYANNUR DATED 25/08/2013.

EXHIBIT P7: TRUE PHOTOCOPY OF THE FINAL COMMISSION REPORT CMA 14 OF 2013 DATED 03/12/2013.

EXHIBIT P8: TRUE PHOTOCOPY OF THE PLAN PREPARED BY THE ADDITIONAL TALUK SURVEYOR.

EXHIBIT P9: TRUE PHOTOCOPY OF THE JUDGMENT IN CMA 14 OF 2013 DATED 25/03/2014.

EXHIBIT P10: COPY OF QUESTIONS UNDER THE RIGHT TO INFORMATION ACT DTD.24.12.2014.

EXHIBIT P11: COPY OF REPLY FURNISHED BY SREEKANDAPURAM VILLAGE OFFICER DTD.17.1.15.

EXHIBIT P12: COPY OF COMPLAINTAGAINST THE RESPONDENT BEFORE THE CIRCLE INSPECTOR OF POLICE, SREEKANTAPURAM ON 12.02.15.

RESPONDENT'S EXHIBITS: NIL.

------------------------------ // True Copy // P.A. to Judge.

smp

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 3029 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2015.

JUDGMENT

When this Original Petition came up for admission, this Court passed an interim order as follows: "The order of the trial court shall stand restored for a period of one month."

2. The petitioner points out that currently he is concerned only with the disposal of the suit so as to give a finality to the proceedings. Even though notice has been served on the respondent, there is no appearance on his behalf.

3. In the light of the limited prayer made by the petitioner, this Court finds no reason as to why the said relief should not be granted to the petitioner. In the result, this Original Petition is disposed of directing the court below to take up O.S.280 of 2013 and

O.P.(C).3029/2014.

dispose it of as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. This order will not preclude the court below from considering any petition pending before it.

P. BHAVADASAN, sb.

JUDGE