2018:KER:48048

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940

OP(C).No. 2419 of 2018

AGAINST THE JUDGMENT IN OS 109/2007 of MUNSIFF COURT, THIRUVALLA

PETITIONER/S/DEFENDANTS 1 & 2:

1 RADHAKRISHNAN @ OMANAKUTTAN
AGED 69 YEARS, KAKKANATTU HOUSE,
PADINATTUMURI, NIRANAM VILLAGE,
THIRUVALLA, PATHANAMTHITTA DISTRICT - PIN 689645

2 RATHNAMMA
AGED 68 YEARS
W/O.RADHAKRISHNAN @ OMANAKUTTAN, KAKKANATTU HOUSE,
PADINATTUMURI, NIRANAM VILLAGE, THIRUVALLA,
PATHANAMTHITTA DISTRICT – 689 645

BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

RESPONDENT/S/PLAINTIFFS AND DEFENDANTS 3 & 4:

1 JAYASREE
AGED 61 YEARS, W/O SASIDHARAN NAIR,
KAKKANATTU THUNDIYIL, SUJITH BHAVAN,
PADINATTUMURI, NIRANAM VILLAGE,
THIRUVALLA, PATHANAMTHITTA DISTRICT PIN 689 621

2 SUJITHKUMAR
KAKKANATTU THUNDIYIL, SUJITH BHAVAN, PADINATTUMURI,
NIRANAM VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER FIRST
RESPONDENT JAYASREE, PIN - 689 621.

3 SINDHU S.NAIR
AGED 34 YEARS
KAKKANATTU THUNDIYIL, SUJITH BHAVAN, PADINATTUMURI,
NIRANAM VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT,
NOW WORKING AL-JABER, EXCHANGE, SHOP NO.G 15, MAZAYAD
 2018:KER:48048
OP(C).No. 2419 of 2018 2

MALL, P.O.BOX NO.111494, MOHADIZAYED CITY, MUSAFFA, ABU

DUBAI.

4 SANTHOSHKUMAR @ JAYAMON
AGED 69 YEARS
S/O.RADHAKRISHNAN @ OMANAKUTTAN, KAKKANATTU HOUSE,
PADINATTUMURI, NIRANAM VILLAGE, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 621.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2018, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 2018:KER:48048
OP(C).No. 2419 of 2018 3

JUDGMENT

This original petition is filed for a direction for a

speedy disposal of O.S.No.215 of 2016, on the file of

Munsiff Court, Thiruvalla. The petitioners are the senior

citizens. Considering the nature of the order going to be

passed, notice to the respondents is dispensed with.

2. In this case, the submission of the learned

Counsel is that there was already a round of litigation in

respect of the subject matter wherein the respondents got

permission to withdraw the suit under Order 23 Rule 1 and

to sue again. Usurping the said permission, O.S.No.215 of

2016, on the file of Munsiff Court, Thiruvalla was filed.

3. The petitioners are defending the case for a long

period. Under such circumstances, the prayer is for a

speedy disposal. As the petitioners are senior citizens,

they are entitled for a speedy disposal.

4. Under such circumstances, the court below is

directed to dispose the matter expeditiously, within a

period of six months. If there is any hurdle, the

 2018:KER:48048
OP(C).No. 2419 of 2018 4

Presiding Officer can approach this Court for extension of

time by filing a report.

With the above direction, the Original Petition

(Civil) is disposed of.

Sd/-

K.P.JYOTHINDRANATH

JUDGE
RK/27.09.2018
 2018:KER:48048
OP(C).No. 2419 of 2018 5

APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF O.S.NO.215 OF 2016 OF THE MUNSIFF

COURT, THIRUVALLA.

EXHIBIT P2 THE COPY OF JUDGMENT DATED 11/09/2013 IN

O.S.NO.109/2007 IS OF THE MUNSIFF COURT,
THIRUVALLA.

EXHIBIT P3 THE COPY OF JUDGMENT IN O.P.(C) 2008/2016

DATED 9/8/2018.
RESPONDENT'S/S EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE