Vijayakumar vs Aja Kumar - Court Judgment

SooperKanoon Citationsooperkanoon.com/1344604
CourtKerala High Court
Decided OnMay-30-2023
Case NumberOP(C)/599/2023
JudgeHonourable Mr. Justice P.Somarajan
AppellantVijayakumar
RespondentAja 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
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