ARAMUGHAN v. KELAN
Court: High Court of Kerala
Bench: HONOURABLE MRS. JUSTICE SHIRCY V.
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-09-23. ARAMUGHAN v. KELAN. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942 OP(C). No. 1416 OF 2020 AGAINST THE ORDER/JUDGMENT IN OS 207/2013 OF MUNSIFF COURT, PARAPPANANGADI ARAMUGHAN AGED 69 YEARS S/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. BY ADV. SRI. P. PAULOCHAN ANTONY KELAN AGED 68 YEARS S/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. VELAYUDHAN, AGED 63 YEARS S/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. PADMAVATHI, AGED 61 YEARS D/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. DAKSHAYANI, AGED 55 YEARS D/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. PARVATHI, AGED 60 YEARS D/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. NIRMALA, AGED 45 YEARS D/O.
MELEPURATH CHAYICHAN (LATE), FEROKE NALLUR DESOM, NALLUR P. O. , KOZHIKODE TALUK, KOZHIKODE-676306. OP(C). No. 1416 OF 2020 7 ARAVINDAKSHAN, AGED 47 YEARS S/O. MELEPURATH AYYAPPAN (LATE), KONDOTTY AMSOM, KANHIRAPARAMBU, ERNAD TALUK, MALAPPURAM-676308. 8 SARADHA, AGED 69 YEARS W/O. MELEPURATH AYYAPPAN (LATE), KONDOTTY AMSOM, KANHIRAPARAMBU, ERNAD TALUK, MALAPPURAM-676308. 9 SIVARAMAN, AGED 56 YEARS S/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. 10 SREENIVASAN, AGED 50 YEARS S/O. MELEPURATH CHAYICHAN (LATE), OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. 11 CHEMBAYIL SHAHINA, AGED 40 YEARS W/O. EDAKKULANGARA MUHAMMED KOYA, OLAKARA AMSOM, THIRURANGADI TALUK, MALAPPURAM-676306. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23. 09. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C). No. 1416 OF 2020 JUDGMENT rd Dated this the 23 day of September 2020 This petition is filed by the petitioner/ plaintiff in O. S. No.
207/2013 pending before the Munsiff Court, Parappanangadi. 2. The reliefs sought for are as follows: i. To direct Hon'ble Munsiff Court, Parappanangadi to hear and pass appropriate orders on Exhibit-P3 final decree application in accordance with law as expeditiously as possible. ii. To pass any other order as this court deems fit. 3. The petitioner, who is a senior citizen, is the plaintiff in a suit filed for partition. The preliminary decree in the suit was passed on 23. 12. 2015. On 01. 02. 2016 itself the final decree application was filed by the petitioner and an Advocate Commissioner was appointed and the Commissioner had already filed report. 4. It is submitted by the learned counsel for the petitioner that now the final decree application stands posted to 26. 09. 2020 but, there is every OP(C). No. 1416 OF 2020 possibility to get it delayed.
Apprehending further delay in disposal of the final decree application this petition has been filed by the petitioner for a direction to the court below to dispose of the same pending since 2016. 5. Heard the learned counsel for the petitioner. 6. On a perusal of the records produced before this court, it appears that the Commissioner has filed the report in the final decree application on 06. 08. 2018, still the same has not been disposed of by the court below. So there is some justification in seeking the relief sought for. Therefore, this petition is allowed directing the court below to dispose of the final decree application No. 330/2016 in O. S. No. 207/2013, at the earliest, at any rate on or before closing of the courts for Christmas holidays (22. 12. 2020). Sd/- SHIRCY V. JUDGE mpm APPENDIX TRUE COPY OF THE JUDGMENT IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 23. 12. 2015. TRUE COPY OF THE DECREE IN OS NO.
207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 23. 12. 2015. TRUE COPY OF THE FINAL DECREE APPLICATION AS I. A. NO. 330/2016 IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 1. 2. 2016. TRUE COPY OF THE ADVOCATE COMMISSIONER REPORT IN FD I. A. NO. 330/2016 IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 6. 8. 2018. TRUE COPY OF THE OBJECTIONS FILED BY RESPONDENT NO-1 TO ADVOCATE COMMISSIONER REPORT IN FD I. A. NO. 330/2016 IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 11. 10. 2018. TRUE COPY OF THE OBJECTIONS FILED BY RESPONDENT NO-2 TO ADVOCATE COMMISSIONER REPORT IN FD I. A. NO. 330/2016 IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 5. 1. 2019. TRUE COPY OF THE I. A. NO. 267/2019 IN FD I. A. NO. 330/2016 IN OS NO. 207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 17. 8. 2019 FILED BY THE RESPONDENT NO. 10. TRUE COPY OF THE COUNTER IN I. A. NO. 267/2019 IN FD I. A. NO. 330/2016 IN OS NO.
207/2013 OF HON'BLE MUNSIFF COURT, PARAPPANANGADI DATED 19. 8. 2019. // TRUE COPY // P. A. TO JUDGE
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.