IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936

OP(C).No. 488 of 2015 (O)

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(OS 1061/2013 of PRINCIPAL MUNSIFF COURT, IRINJALAKUDA)

PETITIONERS:

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1. JOSEPHEENA AGED 60 YEARS

DAUGHTER OF MOOTHEDATHU JOSEPH & WIFE OF

VAROKKY PAUL, MURIYAD VILLAGE & DESOM

MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

2. MARY, AGED 52 YEARS

DAUGHTER OF MOOTHEDATHU JOSEPH & WIFE OF ARAKKAL

THOZHUTHUMPARAMBAIL EDWARD

KOLOTHUMPADY DESOM, VELUKKARA VILLAGE

MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

3. MERCY, AGED 50 YEARS

DAUGHTER OF MOOTHEDATHU JOSEPH & WIFE OF

POTTAHTUPARAMBIL SUNNY

CHRIST COLLEGE JUNCTION, IRINJALKUDA VILLAGE

MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.SMT.K.MEERA

SRI.BOBY MATHEW

RESPONDENTS:

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1. THOMAS, AGED 67 YEARS

SON OF JOSEPH, MOOTHEDATH HOUSE

MURIYAD VILLAGE & DESOM, MUKUNDAPURAM TALUK

THRISSUR DISTRICT - 680027.

2. XAVIER,, AGED 55 YEARS

SON OF JOSEPH, MOOTHEDATHU HOUSE, MURIYAD DESOM VILLAGE

MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680027.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 488 of 2015 (O)

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APPENDIX

PETITIONERS' EXHIBITS :

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EXHIBITP1:TRUE COPY OF THE PLAINT DATED 22.6.2012 IN OS 1566 OF

2012 BEFORE THE MUNSIFF COURT, IRINJALAKUDA.

EXHIBIT P2: TRUE COPY OF THE PLAINT DATED 4.4.2013 IN OS.1061 OF

2013 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT,

IRINJALAKKUDA.

EXHIBIT P3: TRUE COPY OF THE WRITTEN STATEMENT OF THE 2ND

DEFENDANT FILED ON 6.2.2014 IN O.S. 1061 OF 2013 ON THE

FILE OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKKUDA.

EXHIBIT P4: TRUE COPY OF THE REJOINDER DATED 24.1.2015 TO THE

WRITTEN STATEMENTS OF DEFENDANTS 1 AND 2 FILED BY

THE PLINTIFFS IN OS 1061 OF 2013 ON THE FILE OF THE

PRINCIPAL MUNSIFF COURT, IRINJALAKKUDA.

EXHIBIT P5:TRUE COPY OF THE IA NO.1063 OF 2015 IN OS 1061 OF 2013

ON THE FILE OF THE PRINCIPAL MUNSIFF COURT,

IRINJALAKKUDA.

EXHIBIT P6: TRUE COPY OF THE OBJECTION FILED BY THE 2ND

RESPONDENT TO EXT. P5 IA.

EXHIBITP7: TRUE COPY OF IA NO 1082 OF 2015 IN OS 1061 OF 2013 ON

THE FILE OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKKUDA.

EXHIBIT P8: TRUE COPY OF THE OBJECTION FILED BY THE 2ND

RESPONDENT TO EXT.P7 I.A.

EXHIBIT P9: TRUE COPY OF THE ORDER DATED 19.2.2015 PASSED IN

EXT.P5 I.A.

EXHIBIT P10: TRUE COPY OF THE ORDER DATED 19.2.2015 PASSED IN

EXT. P7 I.A.

RESPONDENTS' EXHIBITS: NIL.

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// True Copy //

P.A. To Judge.

smp

P.BHAVADASAN, J.

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Original Petition (Civil) No.488 OF 2015

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Dated this the 24^th day of February, 2015.

J U D G M E N T

The court below dismissed the application filed by the

petitioners for having the Will produced in the suit sent for

expert's opinion on the ground that it was highly belated and it

was a ploy adopted by the petitioners to have the suit removed

from the list.

2. The suit was one for partition. It relates to 50 cents of

property in Survey No.383/2 of Muriyad village. At the time of

hearing the interlocutory application itself 2^nd defendant had

mentioned about the Will. He filed the written statement on

07.02.2014 in which he gave details of the Will. Issues were cast

on 13.08.2014. The court below has noticed that there were

several opportunities for both sides to take pre-trial steps but

none did anything. After the matter was sent for mediation and

since the mediation did not materialise, the matter came back to

court on 19.01.2015 and with notice to both parties suit was

O.P.(C) No.488/2015

2

listed to 09.02.2015 for trial. It was then that on 07.02.2015 the

petitioners came forward with the prese