OP(C) NO. 783 OF 2025 1 2025:KER:29699 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 783 OF 2025 OS NO.42 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT/ COMMERCIAL COURT, MUVATTUPUZHA PETITIONER: LATHA, AGED 62 YEARS WIFE OF DILEEP, RESIDING AT PRANAVAM HOUSE, PEZHAKKAPPILLY, MULAVOOR, MUVATTUPUZHA, PIN - 686673 BY ADVS. TOM MATHEW SAJEN THAMPAN DEEPU ANIL FAHMA RAFI JOYCE PAUL SAJANA P.S. RESPONDENT/S: 1 ARUNKUMAR SASIDHARAN NAIR, AGED 42 YEARS SON OF SASIDHARAN NAIR, THAYYIL PUTHENPURAYIL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI, PIN - 685597 2 AKHILKUMAR S, AGED 38 YEARS SON OF SASIDHARAN NAIR, THAYYIL PUTHENPURAYIL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI, PIN - 685597 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAsY DELIVERED THE FOLLOWING: OP(C) NO. 783 OF 2025 2 2025:KER:29699 JUDGMENT (Dated this the 4th day of April, 2025) This original petition is filed by a senior citizen lady for a direction to expedite the final decree No.18 of 2023 on the files of the Sub Court, Muvattupuzha. 2. The suit O.S No.40 of 2022 was decreed on 29.11.2023. After the preliminary decree was passed, the final decree application was filed. It was submitted that no body has any objection in passing the final decree. Subsequently, measurement was conducted through the commissioner, and he submitted a report. 3. The respondents filed objection to the commission report. The respondents are seeking adjournments on every postings and therefore being adjourned indefinitely. Therefore, seeks a direction to expedite the same. 4. A report was called for from the Civil Judge, Muvattupuzha, and a report is received. It is stated that the Advocate Commissioner filed a report and plan on 27.02.2024 thereafter, I.A No.1 of 2024 was filed to remit the commission report and survey plan. The objection is filed by the 1st respondent and it is now posted for evidence. OP(C) NO. 783 OF 2025 3 2025:KER:29699 5. The Advocate Commissioner examined PW1 and Exts.C1, C1(a), C2, and C2 (a) were marked. I.A.No.4 of 2024 was filed to accept the Commissioner report. Now it is posted for hearing on both petitions on 23.05.2025. Taking into consideration the facts and circumstances of the case as well as the report, I dispose of the original petition, directing the trial court to dispose of the final decree application within three months after summer vacation. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 783 OF 2025 4 2025:KER:29699 APPENDIX OF OP(C) 783/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN O.S NO. 42 OF 2022 DATED 29.11.2023 Exhibit P2 TRUE COPY OF THE F.D.A PREFERRED BY THE RESPONDENTS HEREIN ON THE FILES OF THE SUB COURT MUVATTUPUZHA NUMBERED AS F.D.A NO. 18 OF 2023 DATED 13.12.2023 Exhibit P3 TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 27.02.2024 Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDANT HEARING TO THE COMMISSION REPORT DATED 18.03.2024 Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY DR. RAJESH R. NAIR, H.O.D,NEPHROLOGY DEPARTMENT, AMIRTHA HOSPITAL, KOCHI DATED 05.02.2025 //True copy//PA to Judge