High Court permitted petitioner to reopen evidence in a property suit, awarding one month to submit required fees as condition.
Petitioner allowed one more opportunity to adduce evidence subject to paying Rs. 5,000 to respondents within one month.
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 K.HARILAL
TUESDAY, THE 5TH DAY OF JULY 2016/14TH ASHADHA, 1938
OP(C).No. 119 of 2016 (O)
-------------------------(I.A.NO.1471/2015 AND 1472/2015 IN OS.NO. 130/2007 OF MUNSIFF COURT, PAYYANNUR)
PETITIONER :
KODIYATH KRISHNAN, S/O.RAMAN, AGED 48 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT.
BY ADVS.SRI.P.R.SREEJITH
SRI.K.V.MANOJ KUMAR SRI.M.PROMODH KUMAR SRI.K.B.SAJEESH SMT.MAYA CHANDRAN
RESPONDENT(S):
1. NALUPURAPPATTIL MADHAVI, W/O.KANNAN,AGED 63 YEARS,
PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT- 670 306.
2. NALUPURAPPATTIL USHA, D/O.MADHAVI,AGED 41 YEARS,
PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
3. NALUPURAPPATTIL UMA,D/O.MADHAVI, AGED 35 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
4. C.K.KUNHIRAMAN, S/O.KUNHAPPAN,AGED 73 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
5. VADAKKAE VEETIL PARU, FATHER'S NAME NOT KNOWN, AGED 68 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
6. VADAKKAE VEETIL JANAKI, W/O.ACHU,AGED 63 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
2/-
sts
-2-
OP(C).NO.119/2016
7. VADAKKAE VEETIL DEVAKI, W/O.BALAKRISHNAN, AGED 62 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT- 670 306.
8. PULIMBAVALAPIL NARAYANI, W/O.NARAYANAN, AGED 72 YEARS,
PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
9. KARTHIYAYANI, D/O.PULIMBAVALAPIL NARAYANI,AGED 52 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM, KANNUR TALUK AND DISTRICT -670 306.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 119 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
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K. HARILAL, J.
O.P. (C) No. 119 of 2016-O
-----------------------------------------------------Dated this the 5th day of July, 2016
JUDGMENT
This Original Petition has been filed challenging Ext.P5 order; whereby the court below dismissed Exts.P3 and P4 applications filed by the petitioner for re-opening the case and also for recalling P.W.1. The petitioner is the 1st plaintiff in O.S No.130/2007 before the Munsiff's Court, Payyanur, and the Original Suit is one for permanent prohibitory injunction restraining the respondents herein/defendants from trespassing into the plaint schedule property and interfering with his peaceful possession and enjoyment in the said property. In the above case, trial commenced and the petitioner's evidence was closed and posted the case for defendants' evidence to 18/8/2015. On 18/8/2015,
O.P. (C) No. 119 of 2016
-: 2 :-
the petitioner filed Ext.P3 to re-open evidence and Ext.P4 to recall P.W.1 to enable him to mark the documents produced as per Ext.P2. But, the court below, after considering the objections filed by the respondents, dismissed Exts.P3 and P4 on the same day, by Exts.P5 and P6 respectively. The legality and propriety of the reasonings; whereby Exts.P3 and P4 stand dismissed, are under challenge in this Original Petition.
O.P. (C) No. 119 of 2016 -: 3 :-
But, at the same time, the petitioner is liable to compensate the respondents for the hardship and difficulties caused to them by the petitioner's negligence, in prosecuting the case without due diligence.
This Original Petition (Civil) is disposed of accordingly.
(K. HARILAL, JUDGE)
Nan/
Kodiayath Krishnan
NALUPURAPPATTIL MADHAVI
NALUPURAPPATTIL USHA
NALUPURAPPATTIL UMA
C.K. KUNHIRAMAN
VADAKKAE VEETIL PARU
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
