Joseph vs Augusty - Court Judgment

SooperKanoon Citationsooperkanoon.com/1286566
SubjectLand Acquisition
CourtKerala High Court
Decided OnMay-31-2024
Case NumberOP(C)/120/2024
JudgeHonourable Dr. Justice Kauser Edappagath
AppellantJoseph
RespondentAugusty
Excerpt:
in the high court of kerala at ernakulampresent the honourable dr. justice kauser edappagath friday, the 31st day of may 2024 / 10th jyaishta, 1946 against the order in fdia 130/2020 in os no.299 of 2013 of munsiff court,muvattupuzha petitioner/2nd petitioner/3rd defendant: joseph aged 79 years s/o late thomman, mankudiyil house, muthalakodam kara, thodupuzha village, thodupuzha taluk, idukki district,, pin - 685605 by advs. bobby george joy c. paul eldhose joy baby simon reejo johnson noble george abhilash muraleedharan madhu v. respondents/respondents/1st and 3rd petitioners/2-5th defendants/plaintiff: 1 augusty aged 82 years s/o late thomman,mankudiyil house, arikuzha kara, manakadu village, thodupuzha taluk, idukki district, pin - 685608 2 rosa aged 90 years w/o varkey chirayath house, kudalappattu kara, cheranalloor village, kunnathunadu taluk, ernakulum district, pin - 682034 3 chacko aged 70 yearss/o late thomman, mankudiyil house, kalloorkadu 4 john aged 88 years s/o late thomman ,mankudiyil house, kalloorkadu 5 thomas years s/o late thomman ,mankudiyil house, kalloorkadu kara, kalloorkadu village, muvatupuzha taluk ,ernakulum district, pin - 6 thressia w/o late varkey , mankudiyil house, kalloorkadu kara, kalloorkadu village,tmuvatupuzha taluk , ernakulum district. (died on 22/3/2015 )(lrs are r7 and r8), pin - 686668 7 baiju village,tmuvatupuzha taluk ,ernakulum district., 8 bindu village, muvatupuzha taluk, ernakulum district,this op (civil) having come up for admission on 31.05.2024, the court on the same day delivered the following: dated this the 31st day of may, 2024judgmentthis original petition has been filed for expeditious disposal of f.d.a. no.130/2020 in o.s. no.299/2013 pending on the files of the munsiff court, muvattupuzha. i have called for a report from the learned munsiff, who reported that the final decree application could be disposed of within a period of six months. hence, this original petition is disposed of with a direction to the learned munsiff to dispose of f.d.a. no.130/2020 in o.s. no.299/2013 pending on the files of the munsiff court, muvattupuzha within a period of six months, from the date of receipt of a copy of this judgment. sd/- dr. kauser edappagath judge br appendix of op(c) 120/2024 petitioner’s exhibits exhibit p1 true copy of the preliminary decree passed in o s 299/2013 dated 14/11/2018 of munsiffs court muvatupuzha exhibit p2 true copy of the f d a no 130 /2020 in o s 299/2013 of munsiffs court muvatupuzha, dated 2/12/2020 exhibit p3 true copy of the extract of case status history of fda no. 130/2020 in o s downloaded from e-courts exhibit p4 true copy of the medical certificate issued to the petitioner dated respondents’ exhibits: nil
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 AGAINST THE ORDER IN FDIA 130/2020 IN OS NO.299 OF 2013 OF MUNSIFF COURT,MUVATTUPUZHA PETITIONER/2ND PETITIONER/3RD DEFENDANT: JOSEPH AGED 79 YEARS S/O LATE THOMMAN, MANKUDIYIL HOUSE, MUTHALAKODAM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,, PIN - 685605 BY ADVS. BOBBY GEORGE JOY C. PAUL ELDHOSE JOY BABY SIMON REEJO JOHNSON NOBLE GEORGE ABHILASH MURALEEDHARAN MADHU V. RESPONDENTS/RESPONDENTS/1ST AND 3RD PETITIONERS/2-5TH DEFENDANTS/PLAINTIFF: 1 AUGUSTY AGED 82 YEARS S/O LATE THOMMAN,MANKUDIYIL HOUSE, ARIKUZHA KARA, MANAKADU VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685608 2 ROSA AGED 90 YEARS W/O VARKEY CHIRAYATH HOUSE, KUDALAPPATTU KARA, CHERANALLOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULUM DISTRICT, PIN - 682034 3 CHACKO AGED 70 YEARS

S/O LATE THOMMAN, MANKUDIYIL HOUSE, KALLOORKADU 4 JOHN AGED 88 YEARS S/O LATE THOMMAN ,MANKUDIYIL HOUSE, KALLOORKADU 5 THOMAS YEARS S/O LATE THOMMAN ,MANKUDIYIL HOUSE, KALLOORKADU KARA, KALLOORKADU VILLAGE, MUVATUPUZHA TALUK ,ERNAKULUM DISTRICT, PIN - 6 THRESSIA W/O LATE VARKEY , MANKUDIYIL HOUSE, KALLOORKADU KARA, KALLOORKADU VILLAGE,TMUVATUPUZHA TALUK , ERNAKULUM DISTRICT. (DIED ON 22/3/2015 )(LRS ARE R7 AND R8), PIN - 686668 7 BAIJU VILLAGE,TMUVATUPUZHA TALUK ,ERNAKULUM DISTRICT., 8 BINDU VILLAGE, MUVATUPUZHA TALUK, ERNAKULUM DISTRICT,

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Dated this the 31st day of May, 2024

JUDGMENT

This Original Petition has been filed for expeditious disposal of F.D.A. No.130/2020 in O.S. No.299/2013 pending on the files of the Munsiff Court, Muvattupuzha. I have called for a report from the learned Munsiff, who reported that the final decree application could be disposed of within a period of six months. Hence, this Original Petition is disposed of with a direction to the learned Munsiff to dispose of F.D.A. No.130/2020 in O.S. No.299/2013 pending on the files of the Munsiff Court, Muvattupuzha within a period of six months, from the date of receipt of a copy of this judgment. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF OP(C) 120/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PRELIMINARY DECREE PASSED IN O S 299/2013 DATED 14/11/2018 OF MUNSIFFS COURT MUVATUPUZHA Exhibit P2 TRUE COPY OF THE F D A NO 130 /2020 IN O S 299/2013 OF MUNSIFFS COURT MUVATUPUZHA, DATED 2/12/2020 Exhibit P3 TRUE COPY OF THE EXTRACT OF CASE STATUS HISTORY OF FDA NO. 130/2020 IN O S DOWNLOADED FROM E-COURTS Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER DATED RESPONDENTS’ EXHIBITS: NIL