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2025 DAILYLAW 5731 (KER)

K.V FRANCIS, v. JACOB C. MUNDADAN

OP(C)/853/2025 · 2025-04-09

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP(C) NO. 853 OF 2025 1 2025:KER:31156 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 OP(C) NO. 853 OF 2025 AGAINST THE ORDER/JUDGMENT IN OS NO.176 OF 2014 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT,ERNAKULAM PETITIONER: K.V FRANCIS, AGED 77 YEARS S/O VARKEY KOLANGARA HOUSE, CLUB JUNCTION, EDAPPALLY P.O, KOCHI, PIN - 682024 BY ADVS. SADCHITH.P.KURUP C.P.ANIL RAJ SIVA SURESH B.SREEDEVI ATHIRA VIJAYAN RESPONDENTS: 1 JACOB C. MUNDADAN S/O. LONAPPAN SYRIAC, MUNDADAN HOUSE EDAPPALLY P.O, KOCHI, PIN - 682024 2 SWEETY JACOB, W/O. JACOB C. MUNDADAN, MUNDADAN HOUSE EDAPPALLY P.O, KOCHI, PIN - 682024 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 853 OF 2025 2 2025:KER:31156 JUDGMENT (Dated this the 9th day of April, 2025) This original petition is filed for a direction to the 1st Additional Sub Court, Ernakulam, to dispose of O.S No.176 of 2014, as early as possible. 2. The petitioner is a senior citizen who filed O.S.No.176 of 2014, for cancellation of document and permanent prohibitory injunction, against the respondents herein. The petitioner is suffering from various ailments. It is also submitted that in spite of the fact that the pleadings are completed long before and the matter was to be heard on merits, the same is still pending consideration for final disposal. Therefore the petitioner seeks speedy disposal of the suit. 3. A report was called for, and a report is received from the 1st Additional Sub Judge, Ernakulam, wherein it is stated that O.S.No.102 of 2016 is the connected suit. As per order in I.A.No.5988 of 2016, the joint trial of this suit along with O.S.No.102 of 2016 was allowed. O.S.No.176 of 2014 is considered as the leading case. O.S.No.176 of 2014 and connected O.S.No.102 of 2016, were referred for mediation. OP(C) NO. 853 OF 2025 3 2025:KER:31156 Both suits were not settled. Now O.S.No.176 of 2014 stands posted to 18.06.2025 for pre-trial steps. 4. Taking into consideration the said fact, I dispose of this original petition directing the 1st Additional Sub Court, Ernakulam, to take up O.S No.176 of 2014, and dispose of the same within six months from the date of filing of the commission report in O.S.No.102 of 2016. The Original Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 853 OF 2025 4 2025:KER:31156 APPENDIX OF OP(C) 853/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT DATED 30.7.2014 IN OS NO.176/2014 BEFORE THE SUB COURT ERNAKULAM Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN OS NO.176/2014 BEFORE THE SUB COURT ERNAKULAM //True copy//PA to Judge