Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945 OP(C) NO. 1985 OF 2022 AGAINST THE ORDER IN I.A.NO.9 OF 2021 AND I.A.NO.10 OF 2022 IN OS 466/2015 OF MUNSIFF COURT,MUVATTUPUZHA PETITIONER: THANKAPPAN AGED 67 YEARS S/O.KRISHNAN RESIDING AT OLAPPURACKAL HOUSE, ONAKKOOR KARA, ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686667 ROY THOMAS (MUVATTUPUZHA) K.K.SUBEESH RESPONDENTS:
1 MERCY AGED 64 YEARS W/O.CHACKO CHETTIYATH HOUSE, MATTAKUZHY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK, NOW RESIDING AT TRINITY RETIREMENT HOME KOLENCHERY REP. BY NEXT FRIEND SHIJU V PAULOSE, AGED 47 YEARS S/O.POULOSE, VEEPANATH HOUSE, THIRUVAMKULAM KARA, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN - 682305 2 GEEMON AGED 41 YEARS S/O.CHACKO, CHETTIYATH HOUSE, MATTAKUZHY KARA, THIRUVANIYOOR VILLAGE KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682308 FAZIL P SAJU THALIATH(K/429/1995) JAYASREE MANOJ(J-124) JITHIN PAUL VARGHESE(K/940/2009) C.PRABITHA(K/528/2009) ANN MARY FRANCIS(K/000577/2018) R.SRUTHY(K/000366/2018) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1985 OF 2022 2
JUDGMENT
When this matter was called today, learned counsel for the respondents submitted that his clients will not stand in the way of an order being issued to the Trial Court to appoint a Court appointed Next Friend for the 1st respondent; and that for this purpose Ext.P7 can be set aside.
2. Obviously, in view of the above submissions of the
respondents, nothing remains in this Original Petition because, the petitioner only requires that a Guardian be appointed by the Court for the 1st respondent - whom me asserts to be without any mental incapacity. In the afore circumstances, I allow this Original Petition and set aside Ext.P7 with the consent of both sides; with a consequential direction to the Trial Court to consider the appointment of a Next Friend for the 1st respondent/plaintiff, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE MC/18.10 OP(C) NO. 1985 OF 2022 3 APPENDIX OF OP(C) 1985/2022 PETITIONER EXHIBITS Exhibit.P1. THE TRUE COPY OF THE PLAINT DATED
31.08.2015 IN OS 466/2015 ON THE FILE OF MUNSIFF COURT MUVATTUPUZHA ALONG WITH THE AFFIDAVIT ATTACHED TO IT, IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P1.
Exhibit.P2. THE TRUE COPY OF THE WRITTEN STATEMENT IN MUVATTUPUZHA FILED BY THE PETITIONER ALONG WITH THE AFFIDAVIT DATED 18.02.2016 IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P2. Exhibit.P3. THE TRUE COPY OF THE IA 8/2021 DATED 10.11.2021 FILED BY THE SO-CALLED NEXT FRIEND, MR K E VARGHESE IN OS 466/2015 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA IS EXHIBIT.P3. Exhibit.P4. THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 03.01.2022 TO IA COURT OF MUVATTUPUZHA IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P4. Exhibit.P5. THE TRUE COPY OF IA 9/2021 DATED
10.12.2021 FILED BY SHIJU.V.PAULOSE IN OS MUVATTUPUZHA TO SUBSTITUTE THE NEXT FRIEND IN PLACE OF THE RETIRING NEXT FRIEND IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P5. Exhibit.P6. THE TRUE COPY OF THE OBJECTION DATED 03.01.2022 FILED BY THE PETITIONER TO IA PLACE OF THE RETIRING NEXT FRIEND OF THE 1ST RESPONDENT IN THE ABOVE SUIT IS EXHIBIT.P6. Exhibit.P7. THE TRUE COPY OF THE COMMON ORDER DATED 02.06.2022 IN IA 8/2021 AND IA 9/2021 IN MARKED AS EXHIBIT.P7. Exhibit.P8. THE TRUE COPY OF THE IA 10/2022 DATED 11.07.2022 FILED BY THE NEXT FRIEND OF 1ST RESPONDENT BEFORE THE HON'BLE MUNSIFF COURT MUVATTUPZHA IN OS 466/2015 IS OP(C) NO. 1985 OF 2022 4 EXHIBIT.P8. Exhibit.P9. THE QUESTIONNAIRE AND ITS ANSWERS ELICITED FROM THE 1ST RESPONDENT TOGETHER WITH THE HANDWRITTEN ORDER OF THE LEARNED MUNSIFF DATED 25.07.2022 IN THE ABOVE SUIT IS PRODUCED HEREWITH AND IS MARKED EXHIBIT.P9. Exhibit.P10. THE TRUE COPY OF THE ORDER DATED 25.07.2022 PASSED IN IA 10/2022 IN OS.466/2015 BY THE LEARNED MUNSIFF MARKED AS EXHIBIT.P10. Exhibit.P11. THE TRUE COPY OF THE PLAINT IN OS PLAINTIFF BEFORE MUNSIFF COURT MUVATTUPUZHA DATED 11.04.2017 IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P11. Exhibit.P12. THE TRUE COPY OF THE VOIR-DIRE EXAMINATION CONDUCTED BY THE LEARNED
MUNSIFF TOGETHER WITH HANDWRITTEN ORDER
IN OS 220/2017 IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P12. Exhibit.P13. THE TRUE COPY OF THE ORDER DATED 12.08.2022 IN OP(C) 1026/2022 OF THIS HON'BLE COURT IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT.P13.