IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 OP(C).No. 3528 of 2011(O) -------------------------------- IA 1943/2011 IN OS.120/2010 of MUNSIFF COURT, KOCHI .................... PETITIONER/PLAINTIFF ----------------------------- A.S.SALILA,MINOR, AGED 12 YEARS, REPRESENTED BY HER NEXT FRIEND MANOJ, S/O.GOPINATH,AGED 43,KEECHERI HOUSE, VIDAKUZHA,KALAMASSERY, ALWAYE. BY ADV. SRI.P.J.JOSHI RESPONDENT(S):DEFENDANTS ------------------------------------ 1. A.S.SASIDHARAN,AGED 59 YEARS, S/O.SAHADEVAN,RESIDING AT H.NO.362, KPP, SOUTH MARADU, KOCHI 688 534. 2. AYSHA,AGED 61 YEARS, W/O.CHITHRABHANU,RESIDING AT THALAYOLAPARAMBU DESOM,VADAYAR VILLAGE, VAIKOM TALUK, 686 141. 3. AJITHA,AGED 53 YEARS,W/O.BABU, RESIDING AT MULLOTHU HOUSE,UDAYAMPEROOR P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK- 682 307. 4. GEETHA, AGED 47 YEARS,W/O.B.VIJAYAKUMAR RESIDING AT GEETHANJALI, PUTHUKKALAVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, 682 024. 5. PRASANNA KUMARI,AGED 47 YEARS,W/O.LATE PRAKASAN, RESIDING AT "ANANTHAPADMANABHAN", FLAT NO.2AE,AM AVENUE CENTRE, MANACAUD P.O, THIRUVANANTHAPURAM 695 009. svs ..........2/-... ...2... OPC. NO.3528/2011 6. PRASEETHA, AGED 26 YEARS,D/O.LATE PRAKASAN, RESIDING AT "ANANTHAPADMANABHAN" FLAT NO.2AE,AM AVENUE CENTRE, MANACAUD P.O, THIRUVANANTHAPURAM 695 009. 7. PRASOON, AGED 20 YEARS, D/O. LATE PRAKASAN, RESIDING AT “ANANTHAPADMANABHAN”, FLAT NO.2AE, AM. AVENUE CENTRE, MANACAUD P.O., THIRUVANANTHAPURAM - 695 009. 8. SAVITHRI, W/O.SALIM, AGED 45, AZHAKANTHARA HOUSE, KUMBALANGAHI MURI, KUMBALANGHI VILLAGE, KOCHI TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 3528/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.120/2010 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOCHI. P2: COPY OF THE PETITION DATED 29/09/2011 IN I.A. NO.1943/2011 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KOCHI. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3528 of 2011 -------------------------------------- Dated this the 31st day of October, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.120 of 2010 of the court of learned Munsiff-I, Kochi. According to the petitioner, she filed the suit for a declaration regarding the validity of a Will. The suit as against the 1st defendant was dismissed for not taking steps. It is stated that petitioner got the correct address of 1st defendant and filed Ext.P2, application to set aside dismissal of the suit against 1st respondent/1st defendant . But learned Munsiff is proceeding with the trial of the suit without disposing of Ext.P2, application. Prayer in this petition is to direct the learned Munsiff to dispose of Ext.P2, application before taking up O.S.No.120 of 2010 for trial. 2. If Ext.P2, application is pending and not so far disposed of, it has to be disposed of before trial of the suit commences. Resultantly this Original Petition is disposed of directing the learned Munsiff, Kochi to dispose of Ext.P2, application (if it is not already disposed of) as provided under law before O.S.No.120 of 2010 is taken up for trial. THOMAS P.JOSEPH, Judge. cks