Disposed

Unnikrishna Pillai v. Karthyayani Amma Padmavathy Amma

Kerala HC25 Sept 2012OP(C)/3109/2012

Case brief

AI extract

What is this about?

This order pertains to a writ complaint regarding unreturned original records in an underlying suit. The High Court directed the lower court to trace or reconstruct the records and issue certified copies.

What did the court decide?

Directed the Principal Subordinate Judge of Alappuzha to make earnest steps to trace or reconstruct lost records and return originals or issue certified copies.

Unnikrishna Pillai Vs Karthyayani Amma… — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 25TH DAY OF SEPTEMBER 2012/3RD ASWINA 1934

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OP(C).No. 3109 of 2012 (O)

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OS.154/1974 of PRINCIPAL SUB COURT,ALAPPUZHA

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PETITIONER(S)/SON OF THE ORIGINAL PLAINTIFF:-:

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UNNIKRISHNAN PILLAI,, AGED 60 YEARS S/O.PRABHAKARAN PILLAI, MANIMANGALAM, AROOR VILLAGE AROOR MURI, CHERTHALA TALUK, AROOR P.O. - 688 534, ALAPPUZHA DISTRICT.

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BY ADV. DR.V.N.SANKARJEE

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RESPONDENT(S)/6TH DEFENDANT:-:

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KARTHYAYANI AMMA PADMAVATHY AMMA,, AGED 80 YEARS D/O.PADMANABHA PILLAI, THOPPIL HOUSE, AROOR VILLAGE AROOR MURI, CHERTHALA TALUK, AROOR P.O. - 688 534 ALAPPUZHA DISTRICT.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3109/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE SAID INFORMATION DATED 26.12.2011 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE SUB COURT, ALAPPUZHA.

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EXHIBIT P2. TRUE COPY OF THE JUDGMENT DATED 23.08.2007 IN A.S.NO.616/1999 OF THE HON'BLE HIGH COURT OF KERALA.

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EXHIBIT P3. TRUE COPY OF THE B-DIARY WITH RESPECT TO THE PROCEEDINGS IN O.S.NO.154/1974 ON THE FILE OF THE PRINCIPAL SUB COURT, ALAPPUZHA.

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EXHIBIT P4. TRUE COPY OF EXT.A18, (THE DEPOSITION DATED 26.03.1971 OF THE ORIGINAL 1ST DEFENDANT NARAYANA PILLAI PADMANABHA PILLAI, AS MAINTAINED IN THE CASE FILE OF THE PLAINTIFF) IN O.S.NO.154/1974 ON THE FILE OF THE PRINCIPAL SUB COURT, ALAPPUZHA.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 3109 OF 2012

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Dated this the 25^th day of September, 2012

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JUDGMENT

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The petitioner is the son of the claimant in L.A.R. No. 152/1972 on the file of the court of the Principal Subordinate Judge of Alappuzha. The Land Acquisition Reference was disposed of along with O.S. No. 154/1974 filed for declaration of title, recovery and injunction. The claimant/plaintiff had produced Exts. A1 to A26 in the suit culminating in the common judgment of this court in L.A.A. No. 849/1997 and A.S. No. 616/1999.

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The grievance of the petitioner is that only Exts.A1 to A17 and Exts. A22 to A26 have been returned by the court below after the disposal of the appeal. Exts.A18 to A21 have not been returned to the petitioner on the premise that it could not be traced. It is for the petitioner to move appropriate application in O.S. No. 154/1974 to trace out the records or reconstruct the same.

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The court of the Principal Subordinate Judge of Alappuzha on receipt of any such interlocutory application in

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OP(C) No. 3109/2012

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O.S. No. 154/1974 shall take earnest steps to trace out the records or reconstruct the same for the purpose of returning the

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original or issuing certified copy at the earliest.

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The Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Unnikrishna Pillai v. Karthyayani Amma Padmavathy Amma

Case brief

What is this about?

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Unnikrishna Pillai v. Karthyayani Amma Padmavathy Amma

Case brief

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