Chacko V V vs Pathros V V

Type Court Judgment Court Kerala Decided Feb 12, 2024

~3 min read

https://sooperkanoon.com/case/1308134

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1308134
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Feb 12, 2024
Case Number: OP(C)/339/2024

Parties & Advocates

Appellant / Petitioner

Chacko V V

Respondent

Pathros V V

Excerpt

.....- 2 -j u d g m e n tdated, this the 12th day of february, 2024 petitioner herein is the plaintiff in o.s. no.541/2018, pending before the munsiff's court, muvattupuzha. the short grievance of the petitioner is that ext.p3 application, preferred for appointment a guardian for the 3rd defendant, though filed in the year 2020, has not been disposed of so far. petitioner seeks a direction to dispose of ext.p3 interlocutory application expeditiously.2. having regard to the nature of the reliefsought for, notice to the respondents is dispensed with. in the facts and circumstances narrated above, this original petition is allowed and there will - 3 - be a direction to the learned munsiff, muvattupuzha, to take up ext.p3 i.a. no.1/2020 in o.s.no.541/2018 immediately and to dispose of the same expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. sd/- c. jayachandran judge skk//13.02.2024 - 4 - appendix of op(c) no.339/2024 petitioner's exhibits:- exhibit p1 a true copy of the plaint in ospending before the hon'ble munsiff court, muvattupuzha is produced herewith and marked as exhibit p1 exhibit p2 a true copy of written statement in os herewith and marked as exhibit p2 exhibit p3 a true copy of the petition filed by the petitioner as ia 1/2020 in os hon'ble munsiff court, muvattupuzha is produced herewith and marked as exhibit p3exhibit p4 a true copy of the medical certificate of the 3rd respondent dated 26/06/2023 is produced herewith and marked as exhibit p4 exhibit p5 a true copy of the timeline of the case status of os 541/2018 dated from herewith and marked as exhibit p5

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 OP(C) NO. 339 OF 2024 IN O.S. NO.541/2018 OF MUNSIFF'S COURT, MUVATTUPUZHA PETITIONER(S)/PLAINTIFF: CHACKO V. V., AGED 60 YEARS, SON OF LATE VARGHESE THOMA, RESIDING AT VETTIKUZHIYIL HOUSE, CHUNDAPARAMB, NEDUNGOME P.O., SREEKANDAPURAM, KANNUR, PIN - 670631. BY ADVS. PRAVEEN.H. G.HARIHARAN K.S.SMITHA AMAL DEV D SNEHA M.S. ABHIJITH E.R. RESPONDENT(S)/FIRST DEFENDANT:
1 PATHROS V. V., 2 JOSEPH V. V., RESIDING AT VETTIKUZHIYIL HOUSE, THURUTHIKARA, TECHNICAL SCHOOL ROAD, PAINGARAPALLY P.O., MULANTHURUTHI, ERNAKULAM, PIN - 682314. 3 LEELAMMA V. V., DAUGHTER OF LATE VARGHESE, VETTIKUZHIYIL HOUSE, KALOOR P.O., KOOTHATUKULAM, ERNAKULAM NOW AN INMATE OF MARIYALAYAM CHARITABLE TRUST, PONKUTTY, ELANJI P.O., ERNAKULAM, PIN - 686665. 4 JOSE V. V., THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 2 -

J U D G M E N T

Dated, this the 12th day of February, 2024 Petitioner herein is the plaintiff in O.S. No.541/2018, pending before the Munsiff's Court, Muvattupuzha. The short grievance of the petitioner is that Ext.P3 application, preferred for appointment a guardian for the 3rd defendant, though filed in the year 2020, has not been disposed of so far. Petitioner seeks a direction to dispose of Ext.P3 interlocutory application expeditiously.

2. Having regard to the nature of the relief

sought for, notice to the respondents is dispensed with. In the facts and circumstances narrated above, this Original Petition is allowed and there will - 3 - be a direction to the learned Munsiff, Muvattupuzha, to take up Ext.P3 I.A. No.1/2020 in O.S.No.541/2018 immediately and to dispose of the same expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- C. JAYACHANDRAN JUDGE Skk//13.02.2024 - 4 - APPENDIX OF OP(C) NO.339/2024 PETITIONER'S EXHIBITS:- EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS

PENDING BEFORE THE HON'BLE MUNSIFF COURT, MUVATTUPUZHA IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 EXHIBIT P2 A TRUE COPY OF WRITTEN STATEMENT IN OS HEREWITH AND MARKED AS EXHIBIT P2 EXHIBIT P3 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS IA 1/2020 IN OS HON'BLE MUNSIFF COURT, MUVATTUPUZHA IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3

EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE 3RD RESPONDENT DATED 26/06/2023 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4 EXHIBIT P5 A TRUE COPY OF THE TIMELINE OF THE CASE STATUS OF OS 541/2018 DATED FROM HEREWITH AND MARKED AS EXHIBIT P5

Same Court & Year Kerala · 2024 Same Parties Chacko V V vs Pathros V V Same Judge Honourable Mr.Justice C. Jayachandran