Disposed

Radha Gangadharan v. P.C. Padmaja Prabhakaran

Kerala HC8 Feb 2018OP(C)/364/2018

Case brief

AI extract

What is this about?

An original petition under Article 227 sought directions from the High Court for the Additional Munsiff Court, Kannur, to immediately consider a pending interlocutory application challenging an ex-parte decree and dispose of the suit without delay. The High Court directed the subordinate court to afford opportunity to both sides and decide the application within two weeks.

What did the court decide?

Direction to the Additional Munsiff Court, Kannur to dispose of I.A. 2574/2017 within two weeks after affording opportunity to both sides.

Radha Gangadharan Vs P.C. Padmaja Prabhakaran — Civil Procedure and Limitation | Kerala HC (2018)

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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 ALEXANDER THOMAS

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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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OP(C).No. 364 of 2018

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OS 218/2014 OF ADDL.MUNSIFF COURT, KANNUR

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PETITIONER/PLAINTIFF

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RADHA GANGADHARAN,AGED 87 YEARS, RESIDING AT PRAYAG, BEHIND CHINMAYA WOMAN'S COLLEGE, TALAP,KANNUR DISTRICT.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH)

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SRI.ABDUL RAOOF PALLIPATH

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RESPONDENT(S)/DEFENDANTS:

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1. P.C. PADMAJA PRABHAKARAN,D/O LATE. JANAKI, C/O VINAYAKRISHNAN, ADITHYA TOWERS, OPP.CIVIL STATION, KANNUR-1

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2. SHOBANA RAJAN,D/O LATE. JANAKI, RESIDING AT THUSHARA, BEHIND JAIL QUARTERS, P.O. PALLIKUNNU,KANNUR-670004.

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3. M.C RAGINI HARIDAS,D/O LATE. JANAKI, C/O VINAYAKIRSIHNAN, ADITHYA TOWERS, OPP.CIVIL STATION, KANNUR-1

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4. M.C VINAYAKRISHNAN,S/O JANAKI, ADITHYA TOWERS, OPP. CIVIL STATION, KANNUR-1

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5. SAHALA SUJITH, D/O LATE. P.C SAHADEVAN,

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RESIDING AT SHATHI,P.O.KANNAPURAM, KANNUR-670301.

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6. SARITHA SAMEER,D/O LATE. P.C SAHADEVAN, TEACHER, DELHI PUBLIC SCHOOL, NYATI ESTATE,

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MUHAMMEDWADI, UNDRI, PUNE-411060, MAHARASHTRA.

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7. ASHAK BALAKRISHNAN,S/O LATE. M.C RAMANI, MANGOOL HOUSE, ARAYAMBETH, P.O. CHIRAKKAL, PUTHIYATHERU,KANNUR-670011.

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8. SMITHA SURESHBABU,D/O M.C SOUDAMINI, RESIDING AT SHANTI, OPP. GOVERNMENT BRANNAN COLLEGE,P.O DHARMADAM, KANNUR.670106.

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9. PREMAJA PRABHAKARAN, W/O LATE. M.C PRABHAKARAN, PRASANNALAYM, KANNOTHUMCHAL, P.O CHOVVA, KANNUR.1

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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OP(C).No. 364 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PLAINT AS OS 218/2016 BEFORE THE MUNSIFF'S COURT, KANNUR.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED DEFENDANTS NO.3 TO 6.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 7TH DEFENDANT.
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 8TH DEFENDANT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN OP(C)1407/17 DATED 11.4.2017 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE DECREE DATED 31.7.2017 OF THE ADDITIONAL MUNSIFF COURT, KANNUR IN OS 218/14.
EXHIBIT P8 TRUE COPY OF THE IA 2574/2017 IN OS 218/2014 TO SET ASIDE THE EXPARTE DECREE.
EXHIBIT P9 TRUE COPY OF THE COUNTER STATEMENT FILED IN IA 2574/17 IN OS.218/2014.
RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PA TO JUDGE

PBS

ALEXANDER THOMAS, J

O.P.(C) . No. 364 of 2018

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Dated this the 8^th day of February, 2018

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J U D G M E N T

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The prayer in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India is as follows :

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“(i) Direct the Principal Munsiff's Court, Kannur to call the entire files in O.S.218/2014 from Additional Munsiff's Court, Kannur for disposing Exhibit P8 interlocutory application at the earliest time that this Hon'ble Court may fix and thereafter dispose the suit O.S.218/2014 within such time this Hon'ble Court deem fit to grant.”

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Heard Sri. K.R. Avinash, learned counsel appearing for the petitioner/plaintiff. In the nature of the orders proposed to be passed in this Original Petition, notice to the respondents will stand dispensed with.

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Sri. K.R. Avinash, learned counsel appearing for the petitioner/plaintiff submits on instructions from the party that challenging Ext.P7, exparte decree dated 31.7.2017 of the Additional Munsiff Court, Kannur in O.S. No.218 of 2014, the 7^th defendant in the said suit/5^th respondent herein has filed Ext.P8 I.A. No.2574 of 2017 in O.S. No.218 of 2014 to set aside the exparte decree dated 31.7.2017 and further that the petitioner/plaintiff has filed Ext.P9 counter statement

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O.P(C).364/18

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dated 19.9.2017 to Ext.P8 and Ext.P8 I.A. dated 26.8.2017. It is further pointed out that though Ext.P8 I.A. has been pending since 26.8.2017, orders have not been passed disposing the above I.A.

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In view of the facts and circumstances disclosed in this original petition and in the light of the above said submissions made on behalf of the petitioner, it is ordered in the interest of justice that in case Ext.P8 (I.A.No.2574 of 2017 in O.S. No.218 of 2014) is still pending consideration before the Court below concerned, then the said Court shall take up Ext.P8 I.A. for consideration after affording reasonable opportunity to both sides and pass orders disposing that I.A. in accordance with law, without much delay, preferably within a period of two 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 below concerned for necessary information.

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With these observations and directions, this Original Petition (Civil) stands finally disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

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sou.

Radha Gangadharan v. P.C. Padmaja Prabhakaran

Case brief

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Radha Gangadharan v. P.C. Padmaja Prabhakaran

Case brief

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