Remanded

Jose, S/O.Thomas v. Pathrose S/O.Thomas

Kerala HC10 Mar 2017OP(C)/3060/2014

Case brief

AI extract

What is this about?

The High Court, in a civil origin application, quashed an order that reopened a partition case for evidence without passing a speaking order or considering the award, committing a miscarriage of justice.

What did the court decide?

The order dated 01.10.2014 is set aside, and the matter is remanded to the lower court to dispose of the matter on merits by passing a speaking order within one month.

Jose, S/O.Thomas Vs Pathrose S/O.Thomas — 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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OP(C).No. 3060 of 2014 (O)

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O.S.NO.200/2010 of MUNSIFF COURT, ALUVA

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PETITIONER(S):

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JOSE, S/O.THOMAS, EDASSERY HOUSE, CHAMPANNOOR KARA, ANGAMALY VILLAGE, ANGAMALY SOUTH.P.O., PIN-683 573.

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BY ADVS.SRI.WILSON URMESE

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SMT.K.J.ANITHA

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RESPONDENT(S):

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PATHROSE, S/O.THOMAS, EDASSERY HOUSE, CHAMPANNOOR KARA, ANGAMALY VILLAGE, ANGAMALY SOUTH P.O., PIN-683 573.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 3060 of 2014 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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------------------- P1	-------- :	---------- TRUE COPY OF THE AWARD DATED 6.9.2013 IN O.S.NO.200/2010.
P2	:	TRUE COPY OF THE I.A.NO.1414/2013 DATED 12.09.2013.
P3	:	TRUE COPY OF THE OBJECTION IN I.A.NO.1414/13 IN O.A.NO.200/2010.
P4	:	TRUE COPY OF THE PROCEEDINGS IN I.A.1414/2013 IN O.S.NO.200/2010.
P5	:	TRUE COPY OF THE ORDER/PROCEEDINGS IN I.A.1414/2013 DATED 01.10.2014.

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RESPONDENT(S)' EXHIBITS

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---------------------------------------NIL

//True Copy//

P.A. To Judge

P.SOMARAJAN, J.

======================= O.P.(C)No.3060 of 2014

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======================= Dated this, the 10^th day of March, 2017.

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J U D G M E N T

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The petitioner, plaintiff in O.S.No.200/2010 of Munsiff Court, Aluva, came up with this application, aggrieved by the order dated 01.10.2014, by which, the learned Munsiff re-opened the case and posted the same for evidence without having a look at the award passed and the allegation levelled against the award by the defendant and also without looking into the question whether any sufficient ground for re-opening the case. Nothing mentioned with respect to the grounds alleged by the defendant for re-opening the award. No speaking order was passed by the learned Munsiff. It is really amounts to miscarriage of justice by the learned Munsiff. The jurisdiction vested with the learned Munsiff has not been exercised in its correct perspective. On the other hand, committed a grave mistake without passing a speaking order stating the grounds which were available

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O.P.(C)No.3060 of 2014 : 2 :

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for setting aside the award and to re-open the case for evidence. It is seemed to be so strange that nothing mentioned in the order with respect to the fate of award whether it was accepted or set aside and as such, the order dated 01.10.2014 is liable to be intercepted and I do so. The matter is remanded back to the lower court to have a disposal of the matter on merits by rendering a speaking order, taking into consideration all the grounds raised by both the parties and shall pass an order possibly within one month from the date of appearance of parties in the lower court. The parties shall appear before the lower court on 24.03.2017. No order as to costs.

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Sd/- P.SOMARAJAN, JUDGE.

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Bb/10/03/2017

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[True copy]

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P.A to Judge

Jose, S/O.Thomas v. Pathrose S/O.Thomas

Case brief

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Jose, S/O.Thomas v. Pathrose S/O.Thomas

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