Disposed

Saw Mill Owners Service Enterprises Ltd. v. V.M. Aliyar

Kerala HC7 Feb 2018OP(C)/351/2018

Case brief

AI extract

What is this about?

Under Article 227 of the Constitution, the High Court directed the Subordinate Judge, Perumbavoor, to expedite and dispose of the pending Civil Miscellaneous Appeal (C.M.A. No.13/2017) within 6 to 8 weeks, rather than adjudicating interlocutory objections.

What did the court decide?

The Subordinate Judge was directed to dispose of C.M.A. No.13/2017 within 6 to 8 weeks of the judgment.

Saw Mill Owners Service Enterprises Ltd. Vs… — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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OP(C).No. 351 of 2018

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I.A.589/2017 IN CMA 13/2017 OF THE SUBORDINATE COURT, PERUMBAVOOR

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PETITIONER(S)

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SAW MILL OWNERS SERVICE ENTERPRISES LTD, CIIN.U9191990 KL1993 PLC 007142,REG.OFFICE,PMC XIII/316-E,SECOND FLOOR,CITY ESTATE,M.C.ROAD,PERUMBAVOOR, REP.BY ITS PRESENT MANAGING DIRECTOR,M.M.MUJEEB RAHMAN.

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BY ADV.SRI.N.J.MATHEWS

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RESPONDENT(S):

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1. V.M. ALIYAR, S/O.MEERAN,VADAKKEKKUDY HOUSE,VALLAM KARA, CHELAMATTOM VILLAGE,KUNNATHUNADU TALUK.(M.A.M.PLYWOOD,KANJIRAKKAD),PERUMBAVOOR-683542.

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2. T.H.FAZIL, S/O.HASSAN,THEKKEKKUDY HOUSE,VALLAM KARA, CHELAMATTOM VILLAGE,KUNNATHUNADU TALUK.(SUMI INDUSTRIES,RAYONPURAM),PERUMBAVOOR-683542.

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3. T.H.NOUFAL, S/O.HASSAN,THEKKEKKUDY HOUSE,VALLAM KARA, CHELAMATTOM VILLAGE,KUNNATHUNADU TALUK.(SUBAIDA PLYWOODS),PERUMBAVOOR-683542.

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4. A.A.RAFEEQ, S/O.ALIYAR,AMBADAN HOUSE,VALLAM KARA, CHELAMATTOM VILLAGE,KUNNATHUNADU TALUK.(VINEER & PLYWOODS,VALLAM),PERUMBAVOOR-683542.

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5. SHIYAS, S/O.KHALID,AMBADAN HOUSE,VALLAM KARA, CHELAMATTOM VILLAGE,KUNNATHUNADU TALUK.(A.P.K..PLYWOOD VALLOM),PERUMBAVOOR-683542.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 351 of 2018 (O)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.158/2017,BEFORE THE MUNSIFF COURT,PERUMBAVOOR
EXHIBIT P2 TRUE COPY OF THE I.A.NO.946/2017 IN O.S.NO.158/2017,BEFORE THE MUNSIFF COURT,PERUMBAVOOR
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED IN I.A.NO.946/2017 IN O.S.158/17 BEFORE THE MUNSIFF COURT,PERUMBAVOOR
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31.10.2017 IN I.A.NO.589/2017 IN C.M.A.NO.13/2017 OF THE COURT OF THE SUBORDINATE JUDGE,PERUMBAVOOR.

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RESPONDENT'S EXHIBITS: NIL

TRUE COPY

PA TO JUDGE

Scl.

ALEXANDER THOMAS, J.

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O.P.(C) No.351 of 2018

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Dated this the 7^th day of February, 2018

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JUDGMENT

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The main prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows:

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“i. Call for the entire records in relation to Exhibit P1 , P2 and P4 now pending before the Court of the Subordinate Judge, Perumbavoor and peruse the same and set aside Ext.P4;

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ii. Direct the court below to take up the hearing of C.M.A.No.13/2017 pending before it and to dispose the same as expeditiously as possible and in the alternative to direct the trial court i.e. the Munsiff Court, Perumbavoor to conclude the trial in O.S.No.158/2017 pending before it as early as possible.”

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From a reading of the impugned order, it is seen that it is

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observed by the learned Subordinate Judge, Perumbavoor in the final paragraph of the impugned order dated 31.102017 on I.A.No.589/2017 in C.M.A.No.13/2017 that the main matter in the Civil Miscellaneous Appeal itself can be heard on 22.11.2017 etc. Taking note of the above facts and circumstances made out in this petition, this Court observed that in the interest of justice to be met by directing the lower appellate court concerned to ensure the final disposal of the matter in C.M.A.No.13/2017, in stead of adjudicating on the rival contentions in respect of the interlocutory matters which has been considered in the

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O.P.(C) No.351 of 2018

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-2-

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impugned order passed by the lower appellate court.

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Sri.N.J.Mathews, learned counsel appearing for the petitioner submitted on the basis of the instructions that if this Court so opines, then necessary directions in this regard may be issued. But he would point out that though the lower appellate court had earlier ordered that C.M.A No.13/2017 will be heard on 22.11.2017, it has not so far been done and the matter has been adjourned. It is submitted that C.M.A.No.13/2017 is still pending.

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Accordingly, it is ordered in the interest of justice that the Court of the Subordinate, Perumbavoor, will take all reasonable measures possible under the circumstances to ensure the early disposal of C.M.A.No.13/2017, without much delay, preferably, within a period of 6 to 8 weeks from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the Court of the Subordinate Judge, Perumbavoor, for necessary information.

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With these observations and directions, the above Original Petition (Civil) will stand finally disposed of.

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ALEXANDER THOMAS, JUDGE

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Scl/07.02.2018

Saw Mill Owners Service Enterprises Ltd. v. V.M. Aliyar

Case brief

What is this about?

What did the court decide?

Saw Mill Owners Service Enterprises Ltd. v. V.M. Aliyar

Case brief

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