The single judge dismissed the writ petition filed against an order allowing a counter-claim in a civil suit, holding there was no scope for Article 227 intervention, leaving the matter open to future challenge in the trial court.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938
OP(C).No. 70 of 2017 (O)
IA.NO. 530/2016 IN O.S.NO. 1734/2012 OF PRINCIPAL MUNSIFF COURT, THRISSUR
PETITIONER(S):
1. KRISHNANKUTTY @ UNNIKRISHNAN AGED 82 YEARS, S/O. CHAKKANARI VENU NAIR & KADAVATH VEETTIL LATE NANI AMMA, KUTTUR VILLAGE, DESOM, THRISSUR TALUK.
2. PARAMESWARAN, AGED 75 YEARS, S/O. CHAKKANARI VENU NAIR & KADAVATH VEETTIL LATE NANI AMMA, KUTTUR VILLAGE DESOM, THRISSUR TALUK.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN
RESPONDENT(S):
1. TALUK SURVEYOR,THRISSUR TALUK-680001
2. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR DISTRICT. 680001
3. KOLAZHY GRAMAPANCHAYAT REPRESENTED BY THE SECRETARY, VINOD KUMAR.P.N, AGED 45 YEARS, S/O. NARAYANAN, PONNARASSERI HOUSE, KEECHERI, CHOONDAL, THRISSUR DISTRICT - 680001
R1 & R2 BY SENIOR GOVERNMENT PLEADER
SRI.S.GOPINATHAN
R3 BY ADVS. SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SRI.VYSAKH VIJAYAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 70 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: | TRUE COPY OF THE PLAINT O.S. NO.1734/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, THRISSUR DATED 10.5.2012 FILED BY THE PETITIONERS |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD DEFENDANT BEFORE THE PRINCIPAL MUNSIFF COURT, THRISSUR DATED 5.2.2014 |
| EXHIBIT P3: | TRUE COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER DATED 10.11.2014 IN O.S. NO.1734/2012 THE FILED OF THE PRINCIPAL MUNSIFF COURT, THRISSUR |
| EXHIBIT P4: | TRUE COPY OF THE I.A. NO.530/2016 IN O.S. NO. 1734/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, THRISSUR DATED 6.1.2016 |
| EXHIBIT P5: | TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN EXT. P4 DATED 12.1.2016 |
| EXHIBIT P6: | TRUE COPY OF THE ORDER PASSED IN I.A. NO.530/2016 IN O.S. NO. 1734/2012 BY THE PRINCIPAL MUNSIFF COURT, THRISSUR DATED 31.10.2016 |
| RESPONDENT(S)' | EXHIBITS : NIL. |
| //TRUE COPY// | |
| P.S. TO JUDGE |
bp
A.MUHAMED MUSTAQUE, J.
========================= O.P.(C).No.70/2017
J U D G M E N T
The original petition is filed by the plaintiffs in O.S.No.1734 of 2012 on the file of the court of the Principal Munsiff, Thrissur. They have approached this court impugning an order passed by the learned Principal Munsiff in I.A.No.530 of 2016 in O.S.No.1734 of 2012 allowing the petition to receive counter claim preferred at the instance of the third defendant.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the writ petition impugning the allowing orders regarding counter claim in the lower court should be allowed under Article 227 of the Constitution.
Whether there is scope of interference on the order passed by the learned Principal Munsiff in the IA 530 of 2016.
KRISHNANKUTTY @ UNNIKRISHNAN & ORS.
TALUK SURVEYOR, THRISSUR
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR
KOLAZHY GRAMAPANCHAYAT REPRESENTED BY THE SECRETARY
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
