K.A. THOMAS v. K.W. JOSEPH’S TRUST (EARSTWHILE K.W. JOSEPH’S & ELIKUTTY TRUST)
OP(C)/827/2025 · 2025-04-08
Basant Balaji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5587 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5587 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OP(C) NO. 827 OF 2025 1 2025:KER:30223 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(C) NO. 827 OF 2025 AGAINST THE ORDER/JUDGMENT IN OS NO.1050 OF 2019 OF III ADDITIONAL MUNSIFF COURT ,THRISSUR PETITIONER:
K.A. THOMAS AGED 83 YEARS S/O. LATE DR. K.J. ANTHONY, 17-D, DUKES, SKYLINE APARTMENTS, STADIUM LINK ROAD, NEAR IMA HOUSE, P.O.PALARIVATTAM, KOCHI PIN - 680 025, MANAGING TRUSTEE, 'K.W. JOSEPH’S TRUST' HAVING ITS OFFICE AT JOSE BUILDINGS, ROUND SOUTH, THRISSUR, PIN - 680001 BY ADVS. M.R.VENUGOPAL DHANYA P.ASHOKAN (SR.) S. MUHAMMAD ALIKHAN ANJANA S. RAJ RESPONDENTS: 1 K.W. JOSEPH'S TRUST (EARSTWHILE K.W. JOSEPH'S & ELIKUTTY TRUST) HAVING ITS OFFICE AT JOSE BUILDINGS, ROUND SOUTH, THRISSUR, REPRESENTED BY ITS CO TRUSTEE AND MEMBER DR. MATHAI JOSEPH K., AGED 69, S/O. LATE K.F. JOSEPH KATTOOKARAN HOUSE, PUTHIYAPARAMBU, VALAPATTANAM P.O., KANNUR, PIN - 670 010., PIN - 680001 2 DR. MATHAI JOSEPH K.
AGED 69 YEARS S/O. LATE K.F. JOSEPH, KATTOOKARAN HOUSE,
OP(C) NO. 827 OF 2025 2 2025:KER:30223 PUTHIYAPARAMBU, VALAPATTANAM P.O., KANNUR., PIN - 670010 3 PAUL JOSE KATTOOKARAN AGED 57 YEARS S/O. LATE K.W. JOSE, COSY NOOK, AVENUE ROAD, THRISSUR, PIN - 680006 4 OUSEPH JOSEPH KATTOOKARAN AGED 68 YEARS S/O. LATE K.J. JOSEPH, KATTOOKARAN HOUSE, COOPERATIVE ROAD, CHEMBUKAVU, THRISSUR, PIN - 680020 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 827 OF 2025 3 2025:KER:30223 JUDGMENT (Dated this the 8th day of April, 2025) The original petition is filed for a direction to consider Ext.P4 within a time frame. Ext.P4 is an application filed under Order XXXIX Rule 4 to modify the interim order already granted on 26.03.2019 to operate the account maintained in South Indian Bank. 2. A report was called for, and a report was received wherein it is stated that IA 4 of 2024 was originally listed to 07.07.2025 , advanced suo motu and the case is being heard today. Therefore, this Original petition is disposed of, directing the trial court to dispose of the application before the court is closed for summer vacation. Registry is directed to communicate the same to the lower court today itself. The Original Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap
OP(C) NO.
827 OF 2025 4 2025:KER:30223 APPENDIX OF OP(C) 827/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 25/03/2019 IN O.S. NO. 1050/2019 ON THE FILE OF THE MUNSIFF COURT, THRISSUR Exhibit P2 TRUE COPY OF THE ORDER DATED 26/03/2019 IN I.A. NO. 6514/2019 IN O.S. NO. 1050/2019 OF THE III ADDITIONAL MUNSIFF COURT Exhibit P3 TRUE COPY OF I.A. NO. 2/2020 DATED 24/02/2020 FILED BY THE PLAINTIFF IN O.S. NO. 1050/2019 OF THE III ADDITIONAL MUNSIFF COURT Exhibit P4 TRUE COPY OF I.A. NO. 4/2024 DATED 20/11/2024, FILED BY THE PETITIONER IN O.S.
NO. 1050/2019 OF THE III ADDITIONAL MUNSIFF COURT