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2025 DAILYLAW 3702 (KER)

RADHAKRISHNAN v. KOMALA

OP(C)/459/2025 · 2025-04-03

Basant Balaji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(C) NO. 459 OF 2025 OS NO.615 OF 2012 OF MUNSIFF COURT,CHAVAKKAD PETITIONER/1ST DEFENDANT: RADHAKRISHNAN AGED 64 YEARS S/O. RAMAN, MAAMBULLY THERAMBIL, ENGANDIYOOR AMSOM, CHAVAKKAD TALUK, THRISSUR, PIN - 680615 BY ADVS. K.K.SUBEESH ROY THOMAS (MUVATTUPUZHA) SRADHA MOHAN RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 5: 1 KOMALA AGED 74 YEARS W/O. UNNIKRISHNAN, THANDIYEKKAL HOUSE, ANTHIKKAD AMSOM, THRISSURTALUK, THRISSUR, PIN - 680641 2 UNNIKRISHNAN AGED 54 YEARS S/O. DHARMAN, THOTTAPARAMBATHU HOUSE, THRITHALLOOR AMSOM, CHAVAKKAD TALUK, THRISSUR, PIN - 680619 3 NEENA AGED 56 YEARS W/O. SAHESH, VAZHINADAKKAL HOUSE, THIRUMANGALAM DESAM, ENGANDIYOOR AMSOM, CHAVAKKAD TALUK, THRISSUR, OPC 459/2025 -2- 2025:KER:28740 PIN - 680615 4 SUMIL, AGED 52 YEARS S/O. DHARMAN, THOTTAPARAMBATH HOUSE, THRITHALLOOR AMSOM, CHAVAKKAD TALUK, THRISSUR, PIN - 680619 5 RADHAMANI AGED 58 YEARS W/O. HARIDAS, NEDUMATTUMMAL HOUSE, KUNDALIYUR AMSOM, CHAVAKKAD, THRISSUR, PIN - 680605 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 459/2025 -3- 2025:KER:28740 JUDGMENT (Dated this the 3 rd day of April, 2025) This original petition has been filed for a direction to the Munsiff Court, Chavakkad, to dispose of OS No.615/2012 within a time frame. 2. The petitioner is the 1 st defendant in OS No. 615/2012 on the file of Munsiff Court, Chavakkad, and the 1 st respondent is the plaintiff, and the respondents 2 to 5 are the defendants 2 to 5 therein, respectively. The 1 st respondent filed the suit for partition of the plaint schedule property. The petitioner had filed a written statement controverting all the averments put forward by the 1 st respondent. 3. A report was called for, and a report dated 24.02.2025 is received from the Munsiff Court, Chavakkad, wherein it is stated that on 09.01.2019, an exparte decree was passed in the suit, and then it was restored back on file on 16.10.2020, as per order in I.A. No.3549/2019. After that, as OPC 459/2025 -4- 2025:KER:28740 per order dated 04.01.2022, in I.A. No.8770/2018 and IA. No.8771/2018, supplementary defendant No.6 was impleaded. Then, I.A. No.6/2024 was filed by the plaintiff under Section Order XXVI Rule 10A to send the disputed signature in the disputed will for expert analysis. The respondents filed counter, and the petition is posted for hearing. Meanwhile, on 25.01.2025, the case was posted for the appearance of parties to explore the possibility of settlement u/S.89 of Code of Civil Procedure, 1908, and on 13.02.2025, the case was referred to mediation. Now, the case is posted to 27.03.2025 for mediation report. The Munsiff has brought to notice the huge pendency of cases before the court, and requested nine months' time after the completion of pre-trial steps to dispose of OS No.615/2012. Taking into consideration the facts and circumstances of the case and considering the report of the Munsiff, I deem it appropriate to dispose of this original petition, with a OPC 459/2025 -5- 2025:KER:28740 direction to the Munsiff Court, Chavakkad, to dispose of OS No.615/2012, within a period of six months after completion of pre-trial steps. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 459/2025 -6- 2025:KER:28740 APPENDIX OF OP(C) 459/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO. 615/2012 ON THE FILE OF MUNSIFF COURT, CHAVAKKAD DATED 06.07.2012. Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OS NO. 615/2012 ON THE FILE OF MUNSIFF COURT, CHAVAKKAD DATED 23.11.2012. Exhibit P3 TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 08.06.2015 BEARING NO.D345/45286/2015.