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In the High Court of Kerala at Ernakulam

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In the High Court of Kerala at Ernakulam IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941 OP(C).No.1693 of 2019 (AGAINST DELAY IN CONSIDERATION OF IA.NO.1427 OF 2019 IN IA.NO.363/2019 IN OS 52/2015 of MUNSIFF COURT, THIRUVALLA ) PETITIONER/S: 1 THE GENERAL PRESIDENT INDIAN PENTECOSTAL CHURCH OF GOD IPC, HEBRON, KUMBANAD P.O., KOIPURAM VILLAGE THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY PASTOR JACOB JOHN S/O. JOHN HEBRON, KUMBANAD P.O., KOIPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 2 SRI. RAJU POOVAKKALA, S/O. THOMAS, POOVAKKAA HOUSE, ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE, KUNNAMTHANAM P.O., MALLAPALLY TALUK, PATHANAMTHITTA DISTRICT. 3 IPC PRAYER CENTRE THIRUVALLA NEAR JOECEES JUNCTION, MANJADI P.O., MEENTHALAKKARI, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PASTOR RAJU POOVAKKALA S/O. THOMAS, POOOVAKKAA HOUSE, ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE, KUNNAMTHANAM P.O., MALLAPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR SRI.S.SREEDEV OP(C).No.1693 of 2019 2 RESPONDENT/S: 1 SAM SABU AGED 35 YEARS S/O. C.B BABU, CHIRAMEL PARIYATH HOUSE, MANJADI P.O., KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT 689 105. 2 K.C. VARGHESE, S/O. CHERIAN KODIYATTUKALAYI HOUSE, NEAR RAILWAY STATION, THIRUVALLA P.O., KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT 689 103. BY ADVS. SRI.JACOB P.ALEX SHRI.MANU SANKAR P. SRI.JOSEPH P.ALEX THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: OP(C).No.1693 of 2019 3 JUDGMENT The limited prayer sought by the petitioner is for a direction to the court below for an expeditious disposal of IA.No.1426/2019 in IA.No.362/2019 and IA.No.1427/2019 in IA.No.363/2019 in OS.No.52/2015. Pursuant to a direction of this court, the learned Munsiff, Thiruvalla, by his communication dated 8.7.2019 has informed that service is not complete on the first respondent. However, he has undertaken to dispose of the IAs within three months. Having considered the limited prayer, I am inclined to dispose of OP(C) itself, with a direction to the court below to complete service on R1, as expeditiously as possible, and to dispose on merits the IAs, within three moths thereafter or from the date of production of a copy of this judgment, whichever is later. It is made clear that Ext.P3 order of the court below will not affect the day to day affairs of the third petitioner. Sd/- SUNIL THOMAS, JUDGE R.AV //True Copy// PS to Judge OP(C).No.1693 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO. 52/2015 ON THE FILES OF THE MUNSIFFS COURT, THIRUVALLA EXHIBIT P2 A TRUE COPY OF THE OBJECTION FIELD BY THE 2ND RESPONDENT BEFORE ELECTION COMMISSIONER OF THE ENSUING ELECTIONS IN IPC WHICH WAS PERCEIVED BY THE 2ND PETITIONER ON 13.4.2019 EXHIBIT P3 TRUE COPY OF THE EXPARTE JUDGMENT IN OS. NO. 52 /2015 ON THE FILES OF THE MUNSIFFS COURT, THIRUVALLA DATED 31.10.2018 EXHIBIT P4 A TRUE COPY OF THE APPLICATION TO SET ASIDE EXPARTE DECREE FILED BY THE PETITIONER NUMBERED AS I.A. NO.363/2019 IN O.S. NO. 52/2015 ON THE FILES OF THE DISTRICT COURT PATHANAMTHITTA VACATION COURT TO BE FILED BEFORE THE MUNSIFF COURT THIRUVALLA EXHIBIT P5 A TRUE COPY OF THE APPLICATION TO SET ASIDE EXPARTE DECREE FILED BY THE PETITIONER NUMBERED AS I.A. NO.362/2019 IN O.S. NO. 52/2015 ON THE FILES OF THE DISTRICT COURT PATHANAMTHITTA VACATION COURT TO BE FILED BEFORE THE MUNSIFF COURT THIRUVALLA EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 26.4.2019 O.P. (C)1297 OF 2019 OP(C).No.1693 of 2019 5 EXHIBIT P7 A TRUE COPY OF THE APPLICATION TO RESTORE THE APPLICATION FOR SETTING ASIDE EXPARTE DECREE FILED BY THE PETITIONER NUMBERED AS I.A. NO. 1427 OF 2019 IN I.A.NO. 363/2019 IN O.S. NO. 52/2015 ON THE FILES OF THE DISTRICT COURT PATHANAMTHITTA VACATION COURT TO BE FILED BEFORE THE MUNSIFF COURT THIRUVALLA EXHIBIT P8 A TRUE COPY OF THE APPLICATION TO RESTORE THE PETITION TO CONDONE THE DELAY IN FILING THE APPLICATION FOR SETTING ASIDE EXPARTE DECREE AS I.A. NO. 1426 OF 2019 IN I.A. NO. 362/2019 IN O.S. NO. 52/2015 ON THE FILES OF THE DISTRICT COURT PATHANAMTHITTA VACATION COURT TO BE FILED BEFORE THE MUNSIFF COURT THIRUVALLA RESPONDENT'S/S EXHIBITS NIL.
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