IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 OP(C).No. 2445 of 2011(O) ------------------------- IA NO.3670/2011 IN OS.664/2006 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): -------------------- KALYANIKUTTY AMMA, AGED 78 YEARS, D/O.PAPPY @ PARVATHY AMMA, VAKKAYIL SREENILAYAM, PUTHAMBALLI DESOM, GURUVAYUR AMSOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): --------------- 1. DR.CHANDRIKA MOHAN, VAKKAYIL HOUSE, CBI JUNCTION, KARTHIKADAVU, KALOOR, ERNAKULAM 682017. 2. DR.KRISHNADAS, 29/64, FORT TRUST COST STREET, MANDAVLLIPAKKAM, CHENNAI 40. 3. LAKSHMY VASANTHI, A/1, RAILWAY APARTMENTS, AYYAPPANKAVU, PIRAYARI, PALAKKAD 678019. 4. SMT.LAKSHMY KOUMUDI, W-73, 8TH STREET, ANNA NAGAR, WEST EXTENSION, CHENNAI - 1. 5. ARUN, S/O.DR.CHANDRIKA MOHAN, REPRESENTED BY GUARDIAN, DR.CHANDRIKA MOHAN, VAKKAYIL HOUSE, CBI JUNCTION, KATHRIKADAVU, KALOOR, ERNAKULAM 682017. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2445/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN OS NO.664/2006 ON THE FILE OF MUNSIFF COURT, CHAVAKKAD EXT.P2 TRUE COPY OF IA NO.2582/2011 ALONG WITH THE MEDICAL CERTIFICATE FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, CHAVAKKAD EXT.P3 TRUE COPY OF IA NO.3670/2011 WITH MEDICAL CERTIFICATE FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, CHAVAKKAD EXT.P4 TRUE COPY OF THE ORDER DATED 21.7.2011 IN IA NO.3670/2011 IN OS 664/2006 OF MUNSIFF COURT, CHAVAKKAD //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2445 of 2011 -------------------------------------- Dated this the 29th day of July, 2011. JUDGMENT Notice to respondents is dispensed with in view of the direction I propose to issue. 2. Ext.P4, order passed by learned Munsiff, Chavakkad on I.A.No.3670 of 2011 in O.S.No.664 of 2006 is challenged by the petitioner/plaintiff. Petitioner filed that suit for a decree for prohibitory injunction to restrain respondents from alienating the property without assigning one fourth share to her. It would appear that the case had come up for trial in the list on earlier occasions. The case was again posted. Petitioner filed I.A.No.3670 of 2011 seeking adjournment on the ground of illness. That application was dismissed by the learned Munsiff as per Ext.P4, order. Learned counsel submitted that on account of oldness and illness, petitioner (aged about 78 years) is not in a position to give evidence even before the Advocate Commissioner (appointed for the purpose). 3. I collected information from the learned Munsiff, Chavakkad regarding the present stage of the case through the Registrar (Judicial). I am informed by the Registrar (Judicial) that the Advocate Commissioner made an OP(C) No.2445/2011 2 attempt to record evidence of petitioner but due to non-co-operation it could not be done. In the meantime as it was submitted before the learned Munsiff that petitioner has filed this Original Petition the case is adjourned to 01.08.2011. 4. Having regard to the circumstances stated before me I am inclined to direct learned Munsiff to post the case for evidence to a day after 23.08.2011. If so advised it is open to the petitioner to request learned Munsiff to get herself examined on commission. Resultantly this Original Petition is disposed of directing learned Munsiff, Chavakkad to post the case to a day after 23.08.2011 for evidence. THOMAS P.JOSEPH, Judge. cks