Gladstone D vs Lilibai

Type Court Judgment Court Kerala Decided Nov 22, 2023

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https://sooperkanoon.com/case/1399232

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Citation: sooperkanoon.com/1399232
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Nov 22, 2023
Case Number: OP(C)/2225/2023

Parties & Advocates

Appellant / Petitioner

Gladstone D

Respondent

Lilibai

Excerpt

.....to other litigants, who are waiting in the queue. it - 6 - requires to be noticed that the petitioners in their capacity as senior citizens are entitled to priority for disposal by virtue of the circulars issued by the high court on its administrative side.4. in such circumstances, there will be adirection to the learned munsiff to give due priority to the said suits, for the purpose of disposal, in accordance with the o.m. issued by the high court, on account of the fact that the petitioners and the respondents herein are senior citizens. these original petitions are accordingly disposed of . sd/- c.jayachandran, judge ww - 7 - appendix of op(c) 2158/2023 petitioner's exhibits:exhibit p1 true copy of the plaint in os no.786/2020 on the file of the principal munsiff's court,thiruvananthapuram dated 29/07/2020.exhibit p2 true copy of the written statement filed by the petitioner in os no.786/2020 on the file of the principal munsiffs court,thiruvananthapuram dated 18/11/2022. - 8 - appendix of op(c) 2225/2023 petitioners' exhibits: exhibit p1 true copy of the plaint in os no.783/2020 on the file of the court of the principal munisiff's court, thiruvananthapuram dated 19/07/2020. exhibit p2 true copy of the written statement filed by the defendants 1 to 3 and 6 in os no.783/2020 on the file of court of the principal munisiff's court, thiruvananthapuram dated 04/02/2022. exhibit p3 true copy of the written statement filed by the fifth defendant in os no.783/2020 on the file of court of the principal munisiff's court, thiruvananthapuram dated 10/08/2023.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, OP(C) NO.2158 OF 2023 AGAINST THE ORDER/JUDGMENT IN OS 786/2020 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM PETITIONER/DEFENDANT: GLADSTONE D, AGED 66 YEARS, S/O.DAVEED, PUTHUVAL PUTHEN VEEDU, PULLIYARAKONNAM P.O., BY ADVS. K.P.SUJESH KUMAR KEERTHI K.NARAYANAN S.SHALU ASWIN B. JEEVAN JOY RESPONDENT/PLAINTIFF: TERUMO PENPOL PRIVATE LIMITED, I-2, JAWHAR NAGAR, KOWDIAR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS VICE PRESIDENT, ABRAHAM MATHEW, PIN - 695003. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH OP(C).2225/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 2 -
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, OP(C) NO.2225 OF 2023 AGAINST THE ORDER/JUDGMENT IN OS 783/2020 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM PETITIONERS/PLAINTIFFS 1 TO 3 AND 5 TO 9: 1 GLADSTONE D, AGED 66 YEARS, S/O.DAVEED, PUTHUVAL PUTHEN VEEDU, PULLIYARAKONNAM P.O., 2 JOICE, AGED 79 YEARS, D/O.DAVEED, LAJO BHAVAN, PALAVILLA, T.C.NO.56/3255, PAPPANAMCODE, 3 SELVANOSE, AGED 79 YEARS, S/O.DAVEED, SHARON, MYLADI, PULLIYARAKONNAM P.O., 4 BABU.D, AGED 67 YEARS, S/O.DAVEED, MANNA, ARMADA P.O., T.C.724/48, THRIKKANNAPURAM, THIRUVANANTHAPURAM, PIN - 695032. 5 LEELA D, AGED 64 YEARS, D/O.DAVEED, GRACE VILLA, T.C.30/2609, KANJIRAMPARA P.O., THIRUVANANTHAPURAM, PIN - 695030.
6 JABALAM BAI. S, AGED 71 YEARS, D/O.SUNDARI, JABA VILLA, AMBAMCODE, PEYAD P.O., 7 VINCENT P, AGED 68 YEARS, S/O.SUNDARI, AMBAMCODE, PEYAD P.O., - 3 - 8 JUSTINE RAJ D.P, AGED 63 YEARS, S/O.SUNDARI, AGED 63 YEARS, AMBAMCODE, PEYAD P.O., BY ADV K.P.SUJESH KUMAR RESPONDENTS/DEFENDANTS: 1 LILIBAI, AGED 73 YEARS, W/O.JOSEPH, JOSLY BHAVAN, PULIYARAKONNAM P.O., 2 REEJA JOSEPH, AGED 48 YEARS, D/O.JOSEPH, JOSLY BHAVAN, PULIYARAKONAM P.O., 3 JEN JOSEPH, AGED 42 YEARS, S/O.JOSEPH DEVDAAN, MYLADI, PULIYARAKONAM,
4 SUNIJA, AGED 52 YEARS, D/O.CICILY, PLAVILA, (ANAIDAVAZHI) CENTRE FOR HINDI, ARAMADA P O., THIRUVANANTHAPURAM, PIN - 695573. 5 SAJU, AGED 47 YEARS, S/O.CICILY, PLAVILA, (ANAIDAVAZHI) CENTRE FOR HINDI, ARAMADA P.O, THIRUVANANTHAPURAM, PIN - 695573. 6 SARITHA A.L., AGED 36 YEARS, W/O.JEN JOSEPH, DEVDAAN, MYLADI, PULIYARAKONAM, 7 ABRAHAM MATHEW, AGED 52 YEARS, VICE PRESIDENT, THERUMO PENPOL PRIVATE LIMITED I-2 , JAWHAR NAGAR KOWDIAR PO, THIRUVANANTHAPURAM, PIN - 695030. 8 THERUMO PENPOL PRIVATE LIMITED, JAWHAR NAGAR KOWDIAR P.O, THIRUVANANTHAPURAM, REPRESENTED BY THE 7TH DEFENDANT, PIN - 695003.
9 MANAGER AND OFFICER IN CHARGE, THERUMO PENPOL, PEYAD UNIT, PULIYARAKONAM, - 4 - THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH OP(C).2158/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 5 -

JUDGMENT

Dated, this the 22nd November, 2023 O.P.(C) No.2158/2023 is preferred by the defendant in O.S.No.786/2020 and O.P.(C) No.2225/2023 is preferred by the plaintiffs 1 to 3 and 5 to 9 in O.S.No.783/2020, both pending before the Principal Munsiff Court, Thiruvananthapuram. The petitioners seek expeditious disposal of the above suits.

2. The learned counsel for the petitioners would submit that all the parties herein are senior citizens, wherefore the matter has to be disposed of at the earliest.

3. This Court notice that the suits, which are

sought to be expedited are of the year 2020 and a direction to consider and dispose of these two suits, out of the turn, may workout injustice to other litigants, who are waiting in the queue. It - 6 - requires to be noticed that the petitioners in their capacity as senior citizens are entitled to priority for disposal by virtue of the circulars issued by the High Court on its administrative side.

4. In such circumstances, there will be a

direction to the learned Munsiff to give due priority to the said suits, for the purpose of disposal, in accordance with the O.M. issued by the High Court, on account of the fact that the petitioners and the respondents herein are senior citizens. These Original Petitions are accordingly disposed of . Sd/- C.JAYACHANDRAN, JUDGE ww - 7 - APPENDIX OF OP(C) 2158/2023 PETITIONER'S EXHIBITS:

EXHIBIT P1        TRUE   COPY  OF   THE   PLAINT  IN   OS
                  NO.786/2020   ON   THE   FILE  OF   THE
                  PRINCIPAL        MUNSIFF'S       COURT,

THIRUVANANTHAPURAM DATED 29/07/2020.

EXHIBIT P2        TRUE COPY OF THE WRITTEN STATEMENT
                  FILED   BY   THE   PETITIONER   IN   OS
                  NO.786/2020   ON   THE  FILE   OF   THE
                  PRINCIPAL        MUNSIFFS        COURT,

THIRUVANANTHAPURAM DATED 18/11/2022. - 8 - APPENDIX OF OP(C) 2225/2023 PETITIONERS' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.783/2020 ON THE FILE OF THE COURT OF THE PRINCIPAL MUNISIFF'S COURT, THIRUVANANTHAPURAM DATED 19/07/2020. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 1 TO 3 AND 6 IN OS NO.783/2020 ON THE FILE OF COURT OF THE PRINCIPAL MUNISIFF'S COURT, THIRUVANANTHAPURAM DATED 04/02/2022. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE FIFTH DEFENDANT IN OS NO.783/2020 ON THE FILE OF COURT OF THE PRINCIPAL MUNISIFF'S COURT, THIRUVANANTHAPURAM DATED 10/08/2023.

Same Court & Year Kerala · 2023 Same Parties Gladstone D vs Lilibai Same Judge Honourable Mr.Justice C. Jayachandran