Dismissed

Lakshmikutty Amma v. Udayamohanan

Kerala HC10 Mar 2017CRP/167/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the civil revision petition for non-prosecution. The revision questioned the dismissal of a suit for default. The Court held that the title of plaintiff property is disputed in a pending appeal, warranting a stay under Section 10 CPC rather than dismissal.

What did the court decide?

The civil revision petition was dismissed for non-prosecution due to the absence of the petitioner's counsel.

Lakshmikutty Amma Vs Udayamohanan — Partition | Kerala HC (2017)

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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 P.SOMARAJAN

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FRIDAY, THE 10TH DAY OF MARCH 2017/19TH PHALGUNA, 1938

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CRP.No. 167 of 2016 (A)

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AGAINST THE JUDGMENT IN CMA 15/2015 of SUB COURT, OTTAPPALAM, DATED 21-12-2015

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PETITIONERS/DEFENDANTS: -

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LAKSHMIKUTTY AMMA, AGED 82 YEARS, W/O.ACHUTHA MENON, THEKKEPATT VEETTIL, VADANAMKURUSI DESOM, NOW RESIDING AT C/O.SANKARANARAYANAN, NARAYANA NIVAS, KONDOORKARA AMSOM DESOM, PATTAMBI TALUK, PALAKKAD DISTRICT.

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SANKARANARAYANAN, S/O.MADHAVI AMMA, NARAYANA NIVAS, NEAR KADAPARAMBATH KAVU, KONDOORKARA AMSOM DESOM, PATTAMBI TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.JAYARAM

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RESPONDENT/PLAINTIFF:-

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UDAYAMOHANAN, S/O.PARUKUTTY, AGED 55 YEARS, EDAYOOR VEETTIL, VADANAMKURISI AMSOM DESOM, P.O.VADANAMKURUSI, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679 124.

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R1 BY ADV. SRI.R.SREEHARI

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DMR/-

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P. SOMARAJAN, J.

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C.R.P. No. 167 of 2016

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Dated this the 10^th day of March, 2017

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ORDER

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When the matter was taken up for consideration today, learned counsel appearing for the petitioners remained absent. Dismissal of a suit in O.S.No.148 of 2012 of Munsiff Court, Pattambi, challenged in C.M.A.No.15 of 2015 before the Sub Court, Ottappalam and it was allowed restoring the suit into the file. Aggrieved by the said order, this revision is filed. It was submitted by the learned counsel for the respondent that the defendant filed an earlier suit in O.S.No.326 of 2009 before the Sub Court, Ottappalam for setting aside the document of title stands in the name of plaintiff. It was decreed by the Sub Court, Ottappalam, but, in appeal it was reversed and the suit was dismissed. The same was challenged before this Court in RSA No.75 of 2015 and it is still pending consideration. So, the right, title and interest of plaintiff over the plaint schedule property which is the subject matter of the subsequent suit in O.S.No.148 of 2012 is the subject matter of dispute involved in

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R.S.A. No.75 of 2015. So the proper course to be adopted by

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C.R.P. No. 167 of 2016

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the trial court in O.S. No.148 of 2012 is to stay the suit under Section 10 of the CPC. It is not at all proper for the lower court in such a situation to dismiss the suit for default. Restoration granted by the appellate court really reflects the proper application of law in force, submitted by the learned counsel for the respondent. Absence of the counsel appearing for the petitioner has to be viewed under these circumstances as there is no chance for having any interference with the order passed by the first appellate court. In the result, this revision is dismissed for non prosecution.

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P. SOMARAJAN, JUDGE

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DMR/-

Lakshmikutty Amma v. Udayamohanan

Case brief

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Lakshmikutty Amma v. Udayamohanan

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