Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 AGAINST THE ORDER IN FDIA 130/2020 IN OS NO.299 OF 2013 OF MUNSIFF COURT,MUVATTUPUZHA PETITIONER/2ND PETITIONER/3RD DEFENDANT: JOSEPH AGED 79 YEARS S/O LATE THOMMAN, MANKUDIYIL HOUSE, MUTHALAKODAM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,, PIN - 685605 BY ADVS. BOBBY GEORGE JOY C. PAUL ELDHOSE JOY BABY SIMON REEJO JOHNSON NOBLE GEORGE ABHILASH MURALEEDHARAN MADHU V. RESPONDENTS/RESPONDENTS/1ST AND 3RD PETITIONERS/2-5TH DEFENDANTS/PLAINTIFF: 1 AUGUSTY AGED 82 YEARS S/O LATE THOMMAN,MANKUDIYIL HOUSE, ARIKUZHA KARA, MANAKADU VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685608 2 ROSA AGED 90 YEARS W/O VARKEY CHIRAYATH HOUSE, KUDALAPPATTU KARA, CHERANALLOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULUM DISTRICT, PIN - 682034 3 CHACKO AGED 70 YEARS
S/O LATE THOMMAN, MANKUDIYIL HOUSE, KALLOORKADU 4 JOHN AGED 88 YEARS S/O LATE THOMMAN ,MANKUDIYIL HOUSE, KALLOORKADU 5 THOMAS YEARS S/O LATE THOMMAN ,MANKUDIYIL HOUSE, KALLOORKADU KARA, KALLOORKADU VILLAGE, MUVATUPUZHA TALUK ,ERNAKULUM DISTRICT, PIN - 6 THRESSIA W/O LATE VARKEY , MANKUDIYIL HOUSE, KALLOORKADU KARA, KALLOORKADU VILLAGE,TMUVATUPUZHA TALUK , ERNAKULUM DISTRICT. (DIED ON 22/3/2015 )(LRS ARE R7 AND R8), PIN - 686668 7 BAIJU VILLAGE,TMUVATUPUZHA TALUK ,ERNAKULUM DISTRICT., 8 BINDU VILLAGE, MUVATUPUZHA TALUK, ERNAKULUM DISTRICT,
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Dated this the 31st day of May, 2024
JUDGMENT
This Original Petition has been filed for expeditious disposal of F.D.A. No.130/2020 in O.S. No.299/2013 pending on the files of the Munsiff Court, Muvattupuzha. I have called for a report from the learned Munsiff, who reported that the final decree application could be disposed of within a period of six months. Hence, this Original Petition is disposed of with a direction to the learned Munsiff to dispose of F.D.A. No.130/2020 in O.S. No.299/2013 pending on the files of the Munsiff Court, Muvattupuzha within a period of six months, from the date of receipt of a copy of this judgment. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF OP(C) 120/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PRELIMINARY DECREE PASSED IN O S 299/2013 DATED 14/11/2018 OF MUNSIFFS COURT MUVATUPUZHA Exhibit P2 TRUE COPY OF THE F D A NO 130 /2020 IN O S 299/2013 OF MUNSIFFS COURT MUVATUPUZHA, DATED 2/12/2020 Exhibit P3 TRUE COPY OF THE EXTRACT OF CASE STATUS HISTORY OF FDA NO. 130/2020 IN O S DOWNLOADED FROM E-COURTS Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER DATED RESPONDENTS’ EXHIBITS: NIL