Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 OP(C) NO. 989 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.283 OF 2023 OF ADDITIONAL MUNSIFF COURT,KOCHI PETITIONER: LILLIAN CECELIA BAYER AGED 41 YEARS D/O. LARRY ANTONY BAYER (LATE)RESIDING AT "CROTHER", PARSHANE, MEPPADI, WAYANAD DISTRICT, PIN - 673577 BY ADVS. JACOB CHACKO B.V.JOY SANKAR P.SUJITH KUMAR MATHEWS JOSEPH HASEENA A.A. GEORGE JOSEPH (ITTANKULANGARA) SAJITH PAUL MATHEW N.A.SHAJI RESPONDENTS:
1 ROSEBUD MARIAM JACINTHA CALLAGHAN D/O. LATE NAZIANGREGORY BAYER, AGED 74 YEARS, NO.1, PARANJYOTHI ROAD, FRASER TOWN, BANGALORE, PIN - 560005 2 AVRIL ROSILIA BAYER AGED 76 YEARS, D/O. LATE NAZIAN GREGORY BAYER, P.I.D. NO.5, HUTCHIN'S ROAD, COOKE TOWN , BANGALORE, PIN - 560085 3 YVONNE PATRICIA DOYLE AGED 85 YEARS D/O. LATE NAZIAN GREGORY BAYER, D4 SONA COMPLEX, RAJAN NAGAR, ABRAMA VALSAD, GUJARAT, PIN - 396001 4 WINSTON BAYER AGED ABOUT 89 YEARS, RETIRED EMPLOYEE INDIAN AIRFORCE, RESIDING AT `BELVEDERE', 117 VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU, PIN - 641023 5 BERNADETTE BAYER AGED ABOUT 84 YEARS, RETIRED TEACHER, RESIDING AT `BELVEDERE', 117 VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU, PIN - 641023 6 NANCY BAYER AGED ABOUT 87 YEARS, W/O. LATE ALROY BAYER, HOUSE WIFE, RESIDING AT `BELVEDERE', 117 7 CHRISTOPHER AGED ABOUT 46 YEARS, S/O. LATE ALROY BAYER, OFFICE EMPLOYEE, RESIDING AT `BELVEDERE', 117 8 ANNABELLE AGED ABOUT 44 YEARS, D/O. LATE ALROY BAYER, HOUSE WIFE, RESIDING AT `BELVEDERE', 117 VELLORE
ROAD, PODANUR, COIMBATORE, TAMIL NADU ., PIN - 641023 9 P J PETER AGED ABOUT 56 YEARS, S/O. JOSEPH, BUSINESS, PUNNAKKAL HOUSE, PADINJARA MURIYIL, RAMESWARAM, THOPPUMPADY VILLAGE, THOPPUMPADY P.O., ERNAKULAM, PIN - 682005 10 PRADEEP KUMAR C AGED ABOUT 48 YEARS, S/O. LATE A CHELLAPPAN, `LE DE MAISON', JANATHA ROAD, PANANGAD DESOM, KUMBALAM VILLAGE,PANANGAD P.O., ERNAKULAM 11 LEEMA PRADEEP AGED ABOUT 44 YEARS, W/O.PRADEEP KUMAR C, HOUSE WIFE, `LE DE MAISON, JANATHA ROAD, PANANGAD DESOM, KUMBALAM VILLAGE, PANANGAD P.O., ERNAKULAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 25th day of April 2024 The prayer in this petition is to direct Additional Munsiff, Kochi to consider and dispose of Exhibits P5 and P7 petitions within a time frame to be fixed by this Court. On the last posting date, the report of the court concerned was called for pursuant to which the learned Additional Munsiff Kochi has filed a report dated 24.05.2024, stating that 4 weeks time from 15.06.2024 is required for disposing of the applications.
2. Heard both sides.
In the light of the report that has been filed, the court concerned is directed to dispose of the matter within a period of 4 weeks from 20.05.2024. This original petition is disposed of as above. Sd/- C.S.SUDHA JUDGE SSK/25/04 APPENDIX OF OP(C) 989/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PLAINT IN O.S. NO.283 OF 2023 OF
ADDL. MUNISIFF'S COURT AT KOCHI & INJUNCTION PETITION (WITHOUT DOCUMENTS) FILED ON 22/11/2023 FILED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF PLAINT IN IN OS NO.232/2009 OF SUB COURT KOCHI Exhibit P3 TRUE COPY OF COMMON JUDGMENT IN RFA 159/2014 AND RFA 211/2014 OF THIS HON'BLE COURT DATED 19.12.22 Exhibit P4 TRUE COPY OF ORDER IN SPECIAL LEAVE PETITION (CIVIL) NO. 15974/2023 DATED 14.08.2023 OF SUPREME COURT OF INDIA DOWNLOADED FROM THE OFFICIAL WEBSITE OF SUPREME COURT OF INDIA Exhibit P5 TRUE COPY OF THE I.A. NO.2 OF 2023 LN O.S. NO.283 OF 2023 OF ADDL. MUNISIFF'S COURT AT KOCHI DATED 20.11.2023 FILED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A. NO.2 OF 2023 IN O.S. NO.283 OF 2023 OF ADDL.MUNISIFFS COURT AT KOCHI SUBMITTED ON 18.12.2023 Exhibit P7 TRUE COPY OF I.A. NO.11 OF 2024 IN O.S. NO.283 OF 2023 OF ADDL.MUNISIFF'S COURT AT KOCHI FILED BY THE PETITIONER RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE