Miriam Elias vs Dr. Susy Elias Samson

Dr. Kauser Edappagath, J

Heard Sri. Dinesh R. Shenoy, the learned counsel for the petitioners. Considering the nature of the order going to be passed, notice need not be issued to the respondent.

The petitioners are the defendants and the respondent is the plaintiff in O.S. No.128/2019 pending on the files of the Sub Court, Ernakulam (for short ‘the trial court’), which is a suit for partition based on a ‘Will’. The defendants filed a written statement disputing the ‘Will’ along with the plaint. The ‘Will’ was not produced along with the plaint. It was produced later. Thereafter, the defendants filed an application for amending the written statement to incorporate more contentions with regard to the ‘Will’. However, that application was dismissed and it was confirmed by this Court. Ext.P10 is the judgment of this Court confirming the order dismissing the amendment application. It is submitted that challenging Ext.P10, an S.L.P. has been preferred before the Supreme Court. In Ext.P11 affidavit, diary number has been given. The learned counsel submitted that the Supreme Court is on vacation now and it will reopen only on 09.07.2024. In the above circumstances, the petitioner filed I. A. No.15/2024 before the trial court to remove the case from the list which is scheduled for tomorrow (22.06.2024). That application was also dismissed. It is in these circumstances, the petitioners have approached this Court. The learned counsel further submits that the defendants have already approached the Supreme Court, but due to vacation, S.L.P. is not being taken up. In these circumstances, the defendants are left with no other remedy than to approach this Court to stay the trial of the suit, submitted the counsel.

Having heard the learned counsel for the petitioners and taking into account the facts and circumstances of the case, this Original Petition is disposed of with a direction to the trial court to remove the case from the list and reschedule it in the month of August, 2024.