Joseph K.L vs David

Joseph K.L vs DAVID

Type Court Judgment Court Kerala Decided Aug 01, 2023

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https://sooperkanoon.com/case/1376525

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Citation: sooperkanoon.com/1376525
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Aug 01, 2023
Case Number: RP/749/2023

Parties & Advocates

Appellant / Petitioner

Joseph K.L

Respondent

DAVID

Excerpt

.....- 680125 rp no. 749 of 2023 2 2 stephen aged 55, s/o late rappai, kattila peedika house,near abhaya bhavan, porathissery, porathisssery post, irinjalakuda north, thrissur -3 selina aged 66, d/o late rappai, w/o chunkan george, aloor village, chalakudy taluk,trissur district-680683 4 rosily aged 58, w/o mozhiparambil sunny, ollur village perincherydesom, trissur taluk, , trissur - 680306 this review petition having come up for admission on 01.08.2023, the court on the same day delivered the following: rp no. 749 of 2023 3o r d e rthe review is solely for the purpose of getting some more time to comply with the direction of this court in the matter of appointment of a commissioner and surveyor as ordered by this court. a time schedule was fixed by this court for the said purpose by giving three weeks, but in the meantime, the petitioner met with an accident and was laid down. he was advised to take complete bed rest for a period of three months. but there are five plaintiffs, as such, the submission made by the learned counsel cannot be accepted. but by way of abundant caution, a further time of six weeks from today is granted to remit the commission batta and also to set out the commission for the said purpose. the earlier direction issued by this court for disposal of the suit within a time schedule of three months would start from today onwards. the review though not sustainable can be treated as an rp no. 749 of 2023 4 application for extension of time, hence will stand allowed accordingly. sd/- p.somarajan judge lek

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 RP NO. 749 OF 2023 AGAINST THE JUDGMENT DATED 12.06.2023 IN OP(C) 2795/2019 OF HIGH COURT OF KERALA REVIEW PETITIONERS/PETITIONERS: 1 JOSEPH K.L AGED 60 YEARS S/O LATE LONAPPAN, KATTILA PEEDIKA HOUSE,PORATHISSERY, IRINJALAKUDA NORTH, THRISSUR DISTRICT-680125 2 LILLY BABU AGED 65 YEARS 3 ANNY JOHNY , AGED 61 YEARS 4 MATHAI K.L AGED 57 YEARS S/O LATE LONAPPAN , KATTILA PEEDIKA HOUSE,PORATHISSERY, 5 LUSY RAJAN AGED 47 YEARS D/O LATE LONAPPAN, KATTILA PEEDIKA HOUSE, PORATHISSERY, BY ADV T.N.MANOJ RESPONDENTS/RESPONDENTS: 1 DAVID AGED 62, S/o LATE RAPPAI, KATTILA PEEDIKA HOUSE,NEAR ABHAYA BHAVAN PORATHISSERY, PORATHISSSERY POST, IRINJALAKUDA NORTH, THRISSUR DISTRICT - 680125 RP NO. 749 OF 2023 2 2 STEPHEN AGED 55, S/O LATE RAPPAI, KATTILA PEEDIKA HOUSE,NEAR ABHAYA BHAVAN, PORATHISSERY, PORATHISSSERY POST, IRINJALAKUDA NORTH, THRISSUR -

3 SELINA AGED 66, D/O LATE RAPPAI, W/O CHUNKAN GEORGE, ALOOR VILLAGE, CHALAKUDY TALUK,TRISSUR DISTRICT-680683 4 ROSILY AGED 58, W/O MOZHIPARAMBIL SUNNY, OLLUR VILLAGE PERINCHERYDESOM, TRISSUR TALUK, , TRISSUR - 680306 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 749 OF 2023 3

O R D E R

The review is solely for the purpose of getting some more time to comply with the direction of this court in the matter of appointment of a Commissioner and Surveyor as ordered by this Court. A time schedule was fixed by this Court for the said purpose by giving three weeks, but in the meantime, the petitioner met with an accident and was laid down. He was advised to take complete bed rest for a period of three months. But there are five plaintiffs, as such, the submission made by the learned Counsel cannot be accepted. But by way of abundant caution, a further time of six weeks from today is granted to remit the Commission batta and also to set out the Commission for the said purpose. The earlier direction issued by this Court for disposal of the suit within a time schedule of three months would start from today onwards. The review though not sustainable can be treated as an RP NO. 749 OF 2023 4 application for extension of time, hence will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE LEK

Same Court & Year Kerala · 2023 Same Parties Joseph K.L vs DAVID Same Judge Honourable Mr. Justice P.Somarajan