Petitioner in O.S. 46/2008 (recovery of money by cheque) sought stay of suit trial pending expert opinion on a cheque from a connected criminal case. Single Judge dismissed petition, finding no reason to interfere, noting trial would be postponed by lower court if necessary.
Request for stay of suit trial pending expert report was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934
OP(C).No. 508 of 2013 (O)
AGAINST THE ORDER/JUDGMENT IN OS.46/2008 of SUB COURT, MANJERI
PETITIONER(S)/DEFENDANT:
NARAYANAN AGED 66 YEARS S/O.MAKKU, KARUTHAKUDI MUKKUVATHODI HOUSE PUZHAKATTIRI AMSOM DESOM, PERINTHALMANNA TALUK MALAPPURAM DISTRCT.
BY ADV. SRI.U.K.DEVIDAS
RESPONDENT/3RD RESPONDENT:
BHASKARAN NAIR S/O.KUNHAN NAIR, MARATHUMPULLI HOUSE PUZHAKATTIRI AMSOM DESOM, PERINTHALMANNA TALUK MALAPPURAM DISTRICT-687341
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 508 of 2013
APPENDIX
PETITIONER(S) EXHIBITS
| EXT.P1 | TRUE COPY OF THE PETITIONER IN O.S COURT, MANJERI. |
WRITTEN . NO. 46 |
STATEMENT FILED BY THE OF 2008 ON THE FILES OF SUB |
|---|---|---|---|
| EXT.P2 | TRUE COPY OF THE OF 2008. |
I.A. NO. | 236 OF 2013 IN O.S. NO. 46 |
| EXT.P3 | TRUE COPY OF THE OF 2008. |
I.A. NO. | 235 OF 2013 IN O.S. NO. 46 |
| EXT.P4 | TRUE COPY OF THE | I.A. NO. | 268 OF 2013 IN O.S. 46 2008. |
| EXT.P5 | TRUE COPY OF THE 2013. |
PETITION | TO ADVANCE THE SUIT ON 31-1- |
RESPONDENTS' EXHIBITS : NIL
True Copy
P.A to Judge
THOMAS P.JOSEPH, J. =========================
O.P(C).No.508 of 2013
============================ Dated this the 06th day of February, 2013
J U D G M E N T
Petitioner is the defendant in O.S.No.46 of 2008 of the Sub Court, Manjeri. That is a suit filed by the respondent/plaintiff for recovery of money as per a cheque.
The case now stands posted for trial in the list on 07.02.2013. In that view of the matter, I do not find reason to interfere in the matter. I make it clear that this order will not stand in the way
O.P(C).No.508 of 2013
2
petitioner requesting learned Sub Judge for time if he is otherwise entitled to it and circumstances permitted it.
With the above observations this original petition is closed.
Sd/-
THOMAS P.JOSEPH, JUDGE
Sbna
1 issue framed by the court
Whether to grant stay of trial of a suit for recovery of money by cheque pending receipt of expert opinion in a connected criminal case.
Narayanan
Bhaskaran Nair
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
