Full Judgment
OP(C) NO. 434 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 OP(C) NO. 434 OF 2023 OS 14/2012 OF MUNSIFF COURT, PERUMBAVOOR PETITIONER/S: VELAYUDHAN AGED 75 YEARS S/O NARAYANAN, AGED 75, POOVATHUMMOOTTIL HOUSE, PANICHAYAMKARA, NEDUNGAPRA.P.O, ERNAKULAM DISTRICT, PIN - 683545 BY ADV K.M.FIROZ RESPONDENT/S:
1 KUNJAMMA AGED 65 YEARS W/O.ULAHANNAN, KANJIRATHUMKUDY HOUSE, ASAMANNOOR KARA, 2 ULAHANNAN, AGED 69 YEARS S/O.GEEVARGHESE, KANJIRATHUMKUDY HOUSE, ASAMANNOOR KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK, PIN - 3 K.P VARGHESE AGED 65 YEARS S/O.POULOSE, KANJIRATHUMKUDIYIL HOUSE, PANICHAYAM KARA, 4 ULAHANNAN AGED 72 YEARS S/O.POULOSE, KANJIRATHUMKUDIYIL HOUSE, PANICHAYAM KARA, 5 P.A MOHANAN AGED 63 YEARS S/O.AYYAPPAN, PARAKKATTU VEETTIL, NEDUNGAPRA.PO, 6 C.K KRISHNAN S/O.KUNJAN, CHERUVALLIPPADY VEETTIL, NEDUNGAPRA.PO, PIN - 683549
OP(C) NO. 434 OF 2023 2
7 C.K GOPALAKRISHNAN AGED 49 YEARS S/O.KUTTAPPAN, CHEMMAYATH VEETTIL, NEDUNGAPRA.PO, 8 C.K SUGATHAN AGED 59 YEARS S/O.KUTTAPPAN, CHERUVALLIPPADY VEETTIL, NEDUNGAPRA.PO, 9 C.I THAMBAN AGED 69 YEARS S/O.IKKORAN, CHEMMAYATH VEETTIL, NEDUNGAPRA.PO, PANICHAYAM KARA, ASAMANNOOR VILLAGE,KUNNATHUNAD TALUK, BY ADVS. DINESH R.SHENOY T.S.SAUMYA(K/226/2011) P.ROHIT PREMANANDAN SHENOY(K/000195/2017) SILESH S. PRABHU(K/510/2020)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 434 OF 2023 3
JUDGMENT
The original petition is filed to direct the Court of the Munsiff, Perumbavoor, to consider and dispose of E.A.No.60/2023 in E.P.No.69/2019 and until such time to defer further proceedings in E.P.No.69/2019.
2. Pursuant to the order dated 20.02.2023 passed by this Court, the learned Munsiff, by communication dated 25.02.2023, has informed this Court that E.A.No.60/2023 was posted for orders to 27.02.2023.
3. Heard, Sri. K.M.Firoz, the learned counsel
appearing for the petitioner and Sri.Dinesh R.Shenoy, the learned counsel appearing for the respondents. In the light of the pleadings and materials on record, and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Perumbavoor, to consider and dispose of E.A.No.60/2023, in accordance with law, as expeditiously as possible, at any rate, within a period of OP(C) NO. 434 OF 2023 4 one week from the date of receipt of a certified copy of this judgment. Until such time orders are passed on the above application, all further proceedings in E.P.No.69/2019 shall be kept in abeyance. The original petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE okb/28.2.23 //True copy// P.S. to Judge OP(C) NO. 434 OF 2023 5 APPENDIX OF OP(C) 434/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30.01.2016 IN O.S. NO. 14 OF 2012 PASSED BY MUNISFF COURT, Exhibit P2 TRUE COPY OF THE EXECUTION PETITION NO. 69 OF 2019 DATED 03.06.2019 Exhibit P3 TRUE COPY OF THE ORDER DATED 30.11.2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 PASSED BY THE MUNSIFF COURT, PERUMBAVOOR Exhibit P4 TRUE COPY OF THE ORDER DATED 02.12.2022 IN W.P. (C) NO. 39067 OF 2022 PASSED BY HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF E.A. NO. 298 OF 2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 DATED 07.12.2022 ON THE FILES OF MUNSIFF COURT, Exhibit P6 TRUE COPY OF THE ORDER DATED 07.12.2022 IN E.A. NO. 298 OF 2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 PASSED BY MUNSIFF Exhibit P7 TRUE COPY OF THE OBJECTION FILED BY
PLAINTIFF/DECREE HOLDERS DATED 03.012023 IN E.A. NO. 298 OF 2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 ON THE FILES OF MUNSIFF COURT, PERUMBAVOOR Exhibit P8 TRUE COPY OF E.A. NO. 312 OF 2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 DATED 16.12.2022 ON THE FILES OF MUNSIFF COURT, Exhibit P9 TRUE COPY OF THE OBJECTION DATED 03.01.2023 IN E.A. NO. 312 OF 2022 IN E.P. NO. 69 OF 2019 IN O.S. NO. 14 OF 2012 ON THE FILES OF MUNSIFF COURT, PERUMBAVOOR
Exhibit P10 TRUE COPY OF EXTRACT OF PROCEEDINGS AVAILABLE IN E-COURTS DATA BASE DATED 06.02.2023 IN E.P. NO. 69 OF 2019 ON THE FILES OF MUNSIFF Exhibit P11 TRUE COPY OF EXTRACT OF PROCEEDINGS AVAILABLE IN E-COURTS DATA BASE DATED 13.02.2023 IN E.P. NO. 69 OF 2019 ON THE FILES OF MUNSIFF Exhibit P12 TRUE COPY OF E.A. NO. 60 OF 2023 DATED 16.02.2023 ON THE FILES OF MUNSIFF COURT, Exhibit P13 TRUE COPY OF E.A. NO. 61 OF 2023 DATED OP(C) NO. 434 OF 2023 6 16.02.2023 ON THE FILES OF MUNSIFF COURT, RESPONDENT EXHIBITS Exhibit R1(a) True photocopy of the judgement dated Kerala. Exhibit R1(b) True photocopy of certified copy of the
public notice sanctioned by the Munsiff Court under Order 1 Rule 8 of CPC in OS.NO.14/2012 on its file. Exhibit R1(d) True photocopy of Survey plan Ext.A7 referred in Ext.R1(c) decree Exhibit R1(e) True photocopy of application dated 12/1/2023 submitted by the 1st respondent's son, Eldose, before the Secretary of Assamannur Grama Panchayath under RTI Act.
Exhibit R1(f) True photocopy of reply thereto dated Exhibit R1(g) True photocopy of application dated 12/1/2023 submitted by the 2nd respondent before the Secretary, Assamannur Grama Panchayath under RTI Act. Exhibit R1(h) True photocopy of reply thereto dated Exhibit R1(c) True photocopy of the decree in OS.No.14/2012 dated 30/1/2016, Munsiff Court, Perumbavoor.