Order passed by the Kerala High Court on 14.12.2018 regarding Original Petition Civil No. 1570 and 1571 of 2018 filed by LONAI SUNNY ANTHRAPER, admitting only the appendix of exhibits from the underlying civil suits.
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 SATHISH NINAN
FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
OP(C).No. 1570 of 2018
AGAINST THE ORDER IN IA 402/15 IN OS 20/14 OF SUB COURT, CHERTHALA
PETITIONER/PLAINTIFF:
LONAI SUNNY ANTHRAPER
S/O.SUNNY ANTHRAPER, AGED 27 YEARS, 7/52 D,"ANNAKUTTY'S", KAKKANAD P.O., ERNAKULAM DISTRICT, KOCHI-682030, REPRESENTED BY POWER OF ATTORNEY HOLDER,SUNNY JOHN ANTHRAPER, S/O.LATE JOHN ANTHRAPER, AGED 55 YEARS, RESIDING AT 7/52 D, "ANNAKUTTY'S", KAKKANAD P.O., ERNAKULAM DISTRICT, KOCHI-682030
BY ADVS. SRI.R.SURENDRAN KUM.S.MAYUKHA
RESPONDENTS/DEFENDANTS 1 & 2 AND PETITIONER IN IA 402/15 IN OS 20/14 OF SUB COURT CHERTHALA:
1 BOBBY ABRAHAM
S/O.ABRAHAM THARAKAN, AGED 44 YEARS, PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE, MARADI VILLAGE, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT-686 661.
2 ABRAHAM THARAKAN
S/O.P.K.ABRAHAM THARAKAN, AGED 78 YEARS, PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE,MARADI VILLAGE, MUVATTUPUZHA P.O.,ERNAKULAM DISTRICT-686 661.
3 LEELAMMA ABRAHAM
W/O.ABRAHAM THARAKAN, AGED 67 YEARS,PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE,MARADI VILLAGE, MUVATTUPUZHA P.O.,ERNAKULAM DISTRICT-686 661.
BY ADVS.
SRI.P.B.KRISHNAN - R1 & R3 SRI.R.SREEHARI - R2 SRI.P.M.NEELAKANDAN SRI.SABU GEORGE SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2018, ALONG WITH OP(C).1571/2018, THE COURT ON 14.12.2018 PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
OP(C).No. 1571 of 2018
AGAINST THE ORDER IN IA 400/15 IN OS 19/14 OF SUB COURT, CHERTHALA
PETITIONER/PLAINTIFF:
LONAI SUNNY ANTHRAPER, S/O. SUNNY ANTHRAPER, AGED 27 YEARS, 7/52 D, "ANNAKUTTY'S KAKKANAD P.O, ERNAKULAM DISTRICT, KOCHI 682 030 REPRESENTED BY POWER OF ATTORNEY HOLDER SUNNY JOHN ANTHRAPER, S/O. LATE JOHN ANTHRAPER, AGED 55 YEARS, RESIDING AT 7/52 D, "ANNAKUTTY'S KAKKANAD P.O, ERNAKULAM DISTRICT, PIN - 682 030.
BY ADVS. SRI.R.SURENDRAN KUM.S.MAYUKHA
RESPONDENTS/DEFENDANTS 1 & 2 AND PETITIONER IN IA 400/15 IN OS 19/14 OF SUB COURT, CHERTHALA:
1 ABY ABRAHAM
S/O. ABRAHAM THARAKAN, AGED 45 YEARS, PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE, MARADI VILLAGE, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT - 686 661.
2 ABRAHAM THARAKAN
S/O. P.K ABRAHAM THARAKAN, AGED 78 YEARS, PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE, MARADI VILLAGE, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT - 686 661.
3 LEELAMMA ABRAHAM
W/O. ABRAHAM THARAKAN, AGED 67 YEARS, PRESENTLY RESIDING AT AYYANADUPARAYIL HOUSE, MARADI VILLAGE, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT - 686 661.
BY ADVS.
SRI.P.B.KRISHNAN SRI.R.SREEHARI SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN SRI.SABU GEORGE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2018, ALONG WITH OP(C).1570/2018, THE COURT ON 14.12.2018 PASSED THE FOLLOWING:
APPENDIX OF OP(C) 1570/2018
PETITIONER'S/S EXHIBITS:
| EXHIBIT P | TRUE COPY OF THE POWER OF ATTORNEY DATED 10.7.2012. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE AGREEMENT FOR SALE DATED 24.4.2012, ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF REPLY DATED 20.01.2014 SENT BY THE FIRST RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF PLAINT DATED 19.04.2014 IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA. |
| EXHIBIT P5 | TRUE COPY OF THE JOINT WRITTEN STATEMENT DATED 30.7.2014 FILED BY THE RESPONDENTS NO.1 AND 2 IN O.S.20 OF 2014 OF THE COURT COURT, CHERTHALA. |
| EXHIBIT P6 | TRUE COPY OF APPLICATION DATED 27.7.2015, FILED AND PENDING BEFORE THE SUB COURT, CHERTHALA AS I.A.NO.622 OF 2015 IN O.S.NO.20 OF 2014 OF THE SUB COURT, CHERTHALA. |
| EXHIBIT P7 | TRUE COPY OF I.A.NO.402 OF 2015 DATED 25.5.2015, IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA. |
| EXHIBIT P8 | TRUE COPY OF THE COUNTER AFFIDAVIT DATED 28.7.2015 IN I.A.NO.402 OF 2015 IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA, FILED BY THE PETITIONER. |
| EXHIBIT P9 | TRUE COPY OF THE SALE DEED DATED 14.8.2013 AND REGISTERED AS DOCUMENT NO.2079 OF 2013 OF THE SRO CHERTHALA EXECUTED BY THE 1ST RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF SALE DEED DATED 14.8.2013, AND REGISTERED AS DOCUMENT NO.2080 OF 2013 OF THE SRO CHERTHALA. |
| EXHIBIT P11 | TRUE COPY OF SALE DEED DATED 3.9.2013 AND REGISTERED AS DOCUMENT NO.2256 OF 2013 OF THE SRO CHERTHALA. |
| EXHIBIT P12 | TRUE COPY OF SALE DEED DATED 3.9.2013 AND REGISTERED AS DOCUMENT NO.2257 OF 2013 OF THE SRO CHERTHALA. |
| EXHIBIT P13 | CERTIFIED COPY OF THE PETITION FILED BY THE 1ST RESPONDENT HEREIN UNDER SECTION 10A OF |
| INDIAN DIVORCE ACT AS O.P.NO.1247 OF 2010 DATED 21.7.2010 ALONG WITH HIS WIFE BEFORE THE FAMILY COURT, ERNAKULAM. |
|
|---|---|
| EXHIBIT P14 | TRUE COPY OF PROOF AFFIDAVIT DATED 22.1.2011 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE FAMILY COURT, ERNAKULAM IN O.P.NO.1247 OF 2010 IN SUPPORT OF HIS PETITION U/S 10A OF INDIAN DIVORCE ACT. |
| EXHIBIT P15 | TRUE COPY OF PROOF AFFIDAVIT DATED 22.1.2011 FILED BY THE WIFE OF THE 1ST RESPONDENT HEREIN BEFORE THE FAMILY COURT, ERNAKULAM IN O.P.NO.1247 OF 2010. |
| EXHIBIT P16 | TRUE COPY OF JUDGMENT DATED 10.2.2011 PASSED BY THE FAMILY COURT, ERNAKULAM IN O.P.NO.1247 OF 2010. |
| EXHIBIT P17 | TRUE COPY OF APPLICATION DATED 26.4.2016 FILED BEFORE THE RTO MUVATTUPUZHA UNDER RTI ACT. |
| EXHIBIT P18 | TRUE COPY OF REPLY DATED 9.5.2016 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE RTO MUVATTUPUZHA. |
| EXHIBIT P19 | TRUE COPY OF CERTIFICATE DATED 15.11.2017 ISSUED BY PHOTOGRAPHER STATING THAT PHOTOGRAPHS ARE TAKEN BY HIM IN DIGITAL CAMERA AND THEREAFTER COPIED TO COMPACT DISC WITHOUT ANY MODIFICATION. |
| EXHIBIT P20 | TRUE COPY OF BILL DATED 27.3.2017 ISSUED BY ZENITH STUDIO KOTHAMANGALAM. |
| EXHIBIT P21 | TRUE COPY OF E-MAIL ISSUED BY THE PETITIONER TO THE MANAGER OF ORIENTAL BANK OF COMMERCE AND ITS REPLY DATED 12.10.2016. |
| EXHIBIT P22 | TRUE COPY OF CAVEAT ORIGINAL PETITION DATED 27.1.2014 FILED BY THE 1ST RESPONDENT. |
| EXHIBIT P23 | TRUE COPY OF ORDER DATED 19.12.2017 IN I.A.NO.402 OF 2015 IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA. |
| EXHIBIT P24 | TRUE COPY OF THE B DAIRY IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA. |
| EXHIBIT P25 | TRUE COPY OF THE WRITTEN STATEMENT DATED 14.3.2017 IN O.S.20 OF 2014 OF THE SUB COURT, CHERTHALA FILED BY THE FIRST RESPONDENT THROUGH THE THIRD RESPONDENT. |
APPENDIX OF OP(C) 1571/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 10.07.2012 EXHIBIT P2 TRUE COPY OF THE AGREEMENT FOR SALE DATED 24.04.2012 ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF REPLY DATED 20.01.2014 SENT BY THE FIRST RESPONDENT EXHIBIT P4 TRUE COPY OF THE PLAINT DATED 19.04.2014 IN OS 19 OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P5 TRUE COPY OF THE JOINT WRITTEN STATEMENT DATED 30.07.2014 FILED BY THE RESPONDENTS NO.1 AND 2 IN O.S. 19 OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P6 TRUE COPY OF APPLICATION DATED 27.07.2015 FILED AND PENDIGN BEFORE THE SUB COURT CHERTHALA AS I.A. NO.623 OF 2015 IN O.S.NO.19 OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P7 TRUE COPY OF I.A.NO.400 OF 2015 DATED 25.05.2015, IN OS 19 OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 28.07.2015 IN I.A.NO.400 OF2015 IN O.S.19 OF2014 OF THE SUB COURT, CHERTHALA, FILED BY THE PETITIONER EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 22.10.2013 IN W.P.(C)25626 OF 2013 EXHIBIT P10 TRUE COPY OF E-MAIL DATED 12.10.2016 ISSUED BY THE PETITIONER TO THE MANAGER OF ORIENTAL BANK OF COMMERCE AND ITS REPLY EXHIBIT P11 TRUE COPY OF CAVEAT ORIGINAL PETITION DATED 29.01.2014 FILED BY THE 1ST RESPONDENT EXHIBIT P12 TRUE COPY OF ORDER DATED 19.12.2017IN I.A.NO.400 OF 2015IN O.S.19 OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P13 TRUE COPY OF THE B DIARY IN O.S. 19OF 2014 OF THE SUB COURT, CHERTHALA EXHIBIT P14 TRUE COPY OF THE WRITTEN STATEMENT DATED 14.03.2017 IN O.S.19 OF 2014 OF THE SUB COURT, CHERTHALA FILED BY THE FIRST RESPONDENT THROUGH THE THIRD RESPONDENT.
LONAI SUNNY ANTHRAPER
BOBBY ABRAHAM
ABRAHAM THARAKAN
LEELAMMA ABRAHAM
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
