ELIZABATH PETER v. LAZARUS ALOYSIUS
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-02. ELIZABATH PETER v. LAZARUS ALOYSIUS. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE VIJU ABRAHAM ND FRIDAY, THE 2 DAY OF AUGUST 2024 / 11TH SRAVANA, 1946 OP(C) NO. 1538 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN AS NO. 47 OF 2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER: ELIZABATH PETER AGED 78 YEARS D/O. JANE AUSTIN, VRINDAVAN, CHETTYCHIRA, VYTILLA (P. O), COCHIN, PIN - 682019 BY ADV S. SUJIN RESPONDENTS: 1 LAZARUS ALOYSIUS AGED 78 YEARS S/O. SEBASTAIN LAZARUS RESIDING AT MARIYALAYAM, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA CHERRY, KOLLAM, PIN - 691581 2 STANLEY VINCENT AGED 61 YEARS S/O. STANLEY, RESIDING AT KELAPILLATHOPPIL, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK, PIN - 691581 3 Y KAMARUDEEN AL AMEENS BUNGLAW, THIRUMULLAVARAM P. O, KOLLAM WEST VILLAGE, KOLLAM TALUK, PIN - 691001 4 LAWRENCE BABY AGED 78 YEARS S/O. LAWRENCE, SEA GIFT, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA CHERRY, KOLLAM, PIN - 691581 5 JOSEPH AUSTIN AGED 55 YEARS S/O.
ANDREW AUSTIN, AUSTINS VILLA, PUNNATHALA CHERRY, KOLLAM, PIN - 691001 6 SATURIN AUSTIN /O. ANDREW AUSTIN, AUSTINS VILLA, PUNNATHALA CHERRY, KOLLAM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, O. P. (C). No. 1538 of 2024 2 JOSEPH AUSTIN, PIN - 691001 7 JAIN AUSTIN W/O. ANDREW AUSTIN, ROSA MYSTICA MWRA 116, MUNDAKKAL KOLLAM, PIN - 691010 8 MARGRET LAWRENCE D/O. JANE AUSTIN KUNTHANISSERIYIL, VETTAKKAL P. O, CHERTHALA, PIN - 688529 9 REGINALD AUSTIN S/O. ANDREW AUSTIN, RESIDING AT BRIGHT SUN, LATHE WORKS, LLPO DUBAI, PRESENTLY IN CHIPPA, THANGASSERY, KOLLAM, PIN - 691001 10 CLETUS AUSTIN S/O. ANDREW AUSTIN, 1122-NAVADEEP, MUNDAKKAL EAST P. O, KOLLAM, PIN - 691010 11 PHILOMENA AUSTIN D/O. JANE AUSTIN, TC 23/1661, BNRA -55, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 12 MANAGER KERALA STATE CO-OPERATIVE BANK ANANDAVALLEESWARAM BRANCH KOLLAM, PIN - 691013 13 INDIAN OIL CORPORATION LTD PANAMPALLY AVENUE, COCHIN, PIN - 682301 14 PETER DAMIEN S/O.
VINCENT FERNS VRINDAVAN, CHETTYCHIRA, VYTILLA (P. O), COCHIN, PIN - 682019 15 CRISPIN VINCENT S/O. VINCENT FERNS VRINDAVAN, CHETTYCHIRA, VYTILLA (P. O), COCHIN, PIN - 682019 16 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION RD, KAANKATHU MUKKU KOLLAM, PIN - 691013 OTHER PRESENT: O. P. (C). No. 1538 of 2024 3 SRI. S. UNNIKRISHNAN, GP THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02. 08. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O. P. (C). No. 1538 of 2024 4 VIJU ABRAHAM, J. -------------------- O. P. (C). No. 1538 of 2024 --------------------------------nd Dated this the 2 day of August, 2024 JUDGMENT The petitioner has approached this Court seeking expeditious disposal of AS No. 47 of 2023 pending before the District Court, Kollam within a time limit to be fixed by this Court. 2. The specific contention of the petitioner is th that petitioner who is the 5 respondent in AS No. 47 of 2023 is aged 78 and that the suit is decreed as early as on 30. 11.
2019 and an appeal was preferred belatedly in the year 2023 only to harass the petitioner. Petitioner further submits that she and her siblings are senior citizens especially the th 7 respondent who is one of the defendant in the suit is aged 90. 3. When the matter was taken up for consideration on 19. 7. 2024, a report was called for O. P. (C). No. 1538 of 2024 5 from the trial court concerned regarding the present stage of the case wherein it is reported that an appeal has been preferred along with a petition to condone the delay of 420 days in filing the appeal, notice to all the respondents in the delay application is served and 7 of them have entered appearance and the case is now posted to 19. 8. 2024 for objection and hearing on the delay condonation application. The trial court also reported that there are many very old matters pending before the court including 5+ year old cases to be disposed of.
It is further reported that the appeal will be considered and disposed of as early as possible and earnest efforts will be taken to dispose it before December, 2024. 4. Taking into consideration the fact that the petitioner is aged 78 and most of the parties are also aged, the District Court, Kollam shall take all endevours to see that A. S No. 47 of 2023 is disposed of without much delay,at any rate, within a time O. P. (C). No. 1538 of 2024 6 limit sought for in the report. With the above said direction, the original petition is disposed of. sd/- VIJU ABRAHAM,JUDGE pm O. P. (C). No. 1538 of 2024 7 APPENDIX OF OP(C) 1538/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30/11/2019 IN O. S NO. 352/2010 ON THE FILES OF PRINCIPAL SUB COURT, KOLLAM Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM IN A. S NO. 47/2023 ON THE FILES OF DISTRICT COURT KOLLAM Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18/03/2024 IN O. P. (C) NO485/2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.