Vijayakumar vs Aja Kumar

Type Court Judgment Court Kerala Decided May 30, 2023

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https://sooperkanoon.com/case/1344604

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Citation: sooperkanoon.com/1344604
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: May 30, 2023
Case Number: OP(C)/599/2023

Parties & Advocates

Appellant / Petitioner

Vijayakumar

Respondent

Aja Kumar

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan tuesday, the 30th day of may 2023 / 9th jyaishta, 1945 op(c) no. 599 of 2023 against the order/judgment in os 103/2021 of munsiff court, mavelikkara petitioners/plaintiffs in os: 1 vijayakumar aged 61 years s/o bhasakaran pillai, kannapleath veedu, vettiyar muri, vettiyar village, mavelikkara taluk alappuzha district,, pin - 690558 2 usha devi, aged 53 years w/o vijayakumar, kannapleath veedu, vettiyar muri, vettiyar village,mavellikkara taluk alappuzha district,, pin - 690558by advs. neethu soman franklin arackal sreeganesh u. respondents/defendants in os: 1 aja kumar aged 45 years s/o thankappan pillai chakkumpleath, vettiyar muri, vettiyar village, mavelikkara taluk,, pin - 690558 2 rajashekhara kurup aged 60 years, s/o kuttanpillai rashmi bhavanam, vettiyar village mavelikkara taluk, alappuzha, pin - this op (civil) having come up for admission on 30.05.2023, the court on the same day delivered the following: op(c) no. 599 of 2023 2judgmentthe petitioner/plaintiff, who is a cancer patient came up for an early disposal of the pending suit. it is a suit of the year 2021 pertaining to an easement right claimed over a way by way of necessity. hence, notice to respondents is dispensed with. there will be a direction to the trial court to dispose of the suit within a time schedule of four months from the next posting date. the o.p(c) will stand allowed accordingly. sd/- p.somarajan judge lek op(c) no. 599 of 2023 3 appendix of op(c) 599/2023 petitioner exhibits exhibit p1 true copy of os no 103/2021 filed before hon'ble munsiff court mavelikkara dated exhibit p2 true copy of the written statement filed by the respondents dated 22/02/2022 exhibit p3 true copy of the proceedings as downloaded from the website exhibit p4 true copy of the admit card of 1st petitioner

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 OP(C) NO. 599 OF 2023 AGAINST THE ORDER/JUDGMENT IN OS 103/2021 OF MUNSIFF COURT, MAVELIKKARA PETITIONERS/PLAINTIFFS IN OS: 1 VIJAYAKUMAR AGED 61 YEARS S/O BHASAKARAN PILLAI, KANNAPLEATH VEEDU, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK ALAPPUZHA DISTRICT,, PIN - 690558 2 USHA DEVI, AGED 53 YEARS W/O VIJAYAKUMAR, KANNAPLEATH VEEDU, VETTIYAR MURI, VETTIYAR VILLAGE,MAVELLIKKARA TALUK ALAPPUZHA DISTRICT,, PIN - 690558

BY ADVS. NEETHU SOMAN FRANKLIN ARACKAL SREEGANESH U. RESPONDENTS/DEFENDANTS IN OS: 1 AJA KUMAR AGED 45 YEARS S/O THANKAPPAN PILLAI CHAKKUMPLEATH, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK,, PIN - 690558 2 RAJASHEKHARA KURUP AGED 60 YEARS, S/O KUTTANPILLAI RASHMI BHAVANAM, VETTIYAR VILLAGE MAVELIKKARA TALUK, ALAPPUZHA, PIN - THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 599 OF 2023 2

JUDGMENT

The petitioner/plaintiff, who is a cancer patient came up for an early disposal of the pending suit. It is a suit of the year 2021 pertaining to an easement right claimed over a way by way of necessity. Hence, notice to respondents is dispensed with. There will be a direction to the trial court to dispose of the suit within a time schedule of four months from the next posting date. The O.P(C) will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE LEK OP(C) NO. 599 OF 2023 3 APPENDIX OF OP(C) 599/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF OS NO 103/2021 FILED BEFORE HON'BLE MUNSIFF COURT MAVELIKKARA DATED Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS DATED 22/02/2022 Exhibit P3 TRUE COPY OF THE PROCEEDINGS AS DOWNLOADED FROM THE WEBSITE Exhibit P4 TRUE COPY OF THE ADMIT CARD OF 1ST PETITIONER

Same Court & Year Kerala · 2023 Same Parties Vijayakumar vs Aja Kumar Same Judge Honourable Mr. Justice P.Somarajan