IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 OP(C).No. 306 of 2011(O) ------------------------ PETITIONERs ------------------------------ 1. SOBHANA CHELLAPPAN,W/O.CHELLAPPAN, AGED 69,PUNNAKKADU KALANILAYAM, PERANNORE, PERUMPAZHUTHOOR,NEYYATTINKARA,THIRUVANANTHAPURAM. 2. UDAYAN,S/O.CHELLAPPAN,AGED 45 YEARS, PUNNAKKADU KALANILAYAM, PERANNORE, PERUMPAZHUTHOOR,NEYYATTINKARA,THIRUVANANTHAPURAM. 3. CHANDRASEKHARAN,S/O.CHELLAPPAN,AGED 40 YEARS,PUNNAKKADU KALANILAYAM, PERANNORE, PERUMPAZHUTHOOR,NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. SARADA,AGED 64 YEARS,ROOM NO.201, BUILDING NO.11,TATA COLONY,NEAREASTERN EXPRESS HIGHWAY, MULOND EAST NAVAHAR ROAD,NEYYATTINKARA, THIRUVANANTHAPURAM. 2. SASIKALA,D/O.SARADA,AGED 53 ROOM NO.201, BUILDING NO.11,TATA COLONY,NEAR EASTERN EXPRESS HIGHWAY, MULOND EAST NAVAHAR ROAD,NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.R.PARTHASARATHY FOR R1 &2 SMT.SEEMA FOR R1 &2 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 306 of 2011(O) PETITIONERS EXTS: EXT.P1: COPY OF RATION CARD EXT.P2: COPY OF GAZETTE NOTIFICATION DTD.29.12.09 EXT.P3: COPY OF CHEQUE ISSUED BY ORIENTAL INSURANCE COMPANY EXT.P4: COPY OF SUCCESSION OP NO.9/2010 OF MUNSIFF COURT, NEYYATTINKARA EXT.P5: COPY OF COUNTER SUCCESSION OP NO.9/2010 EXT.P6: COPY OF PLAINT IN OS NO.157/2010 OF MUNSIFF COURT, NEYYATTINKARA EXT.P7: COPY OF CERTIFICATE ISSUED BY TAHSILDAR, NEYYATTINKARA EXT.P8: COPY OF WRITTEN STATEMENT RESPONDENTS EXTS: EXT.R1(a): COPY OF ASSIGNMENT DEED NO.2280 EXT.R1(b): COPY OF PLAINT FILED IN OS 157/2010 MUNSIFF COURT, NEYYATTINKARA EXT.R1(c): COPY OF FORM NO.10 EXT.R1(d): COPY OF BIRTH CERTIFICATE EXT.R1(e): COPY OF SECONDARY SCHOOL CERTIFICATE EXT.R1(f): COPY OF RELEVANT PAGES OF PASS BOOK ISSUED BY SBT, NEYYATTINKARA EXT.R1(g): COPY OF STATEMENT FILED BY SR.DIVISIONAL MANAGER, LIC, TVM EXT.R1(h): COPY OF DEPOSITION OF SR.DIVISIONAL MANAGER, LIC, TVM /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ O.P(C)No.306 OF 2011 ------------------------------ Dated this the 16th day of June, 2011 JUDGMENT The respondents filed succession OP No.9 of 2010 before the Principal Munsiff's Court, Neyyattinkara for grant of a succession certificate to enable the respondents to collect the petition schedule amount due to one Chellappan. The petitioners herein got themselves impleaded before the court below stating that they are the legal heirs of the deceased Chellappan. 2. Though several reliefs are claimed and several contentions are put forward in the Original Petition, the learned counsel for the petitioners submitted that for the present, the purpose would be served if the petitioners are given an opportunity to adduce evidence before the Principal Munsiff's Court, Neyyattinkara in OP No.9 of 2010. 3. The learned counsel for the respondents submitted that the case is posted to 21st June, 2011. It is submitted by the counsel for the respondents that on behalf of the petitioners herein, a witness was examined and there is no impediment in examining other witness as well. The respondents have no objection in permitting the O.P(C)No.306 OF 2011 2 petitioners to adduce such other evidence as they wish to adduce, which is relevant for the adjudication of the case. Accordingly, the Original Petition is disposed of directing the Principal Munsiff's Court, Neyyattinkara to afford an adequate opportunity to the petitioners to adduce such other relevant evidence as they wish to adduce. The learned counsel for the petitioners submitted that the petitioners would not seek adjournment of the case and they will cooperate with the court for an early disposal of the case. This submission is recorded. The Principal Munsiff's Court, Neyyattinkara shall dispose of the case expeditiously. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms