Dismissed

S.N.Shanmughadas v. v.K.Parameswarn Nampoothiri

Kerala HC20 Feb 2018OP(C)/449/2018

Case brief

AI extract

What is this about?

This petition sought a stay on proceedings and an extension of time to amend an appeal memorandum following the loss of the High Court's substantive judgment by the lower court clerk. The Court granted a two-week extension and restrained the District Court from hearing the appeal pending the amendment.

What did the court decide?

Extension granted for two weeks to file the amended appeal memorandum; proceedings in the District Court stayed pending the amendment.

S.N.Shanmughadas Vs v.K.Parameswarn Nampoothiri — 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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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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OP(C).No. 449 of 2018

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A.S.NO. 182/2016 OF THE ADDITIONAL DISTRICT COURT - IV, KOTTAYAM

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ADDRESS OF THE PETITIONER(S):

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1 S.N.SHANMUGHADAS,

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AGED 68 YEARS, S/O NARAYANAPILLAI, SHANMUGHAVILAS, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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2 SADASIVAN, AGED 54 YEARS, S/O VASU PILLAI, ARCHANA HOUSE, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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3 N.P.KRISHNAKUMAR, AGED 54 YEARS, S/O N.P.UNNI PILLAI, NIRANATH VIVEKANANDALAYAM HOUSE, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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BY ADVS.SRI.K.SHAJ SRI.RENJIT GEORGE SRI.C.IJLAL SRI.R.N.SANDEEP SRI.ASWIN T SURESH SRI.ARUN CHAND

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RESPONDENT(S):

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1. V.K.PARAMESWARAN NAMPOOTHIRI, AGED 46 YEARS, S/O K.KRISHNAN NAMPOOTHIRI, PUTHIYAMADOM, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT- 686 101.

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2. THE KERALA OORAZHMA DEVASWOM BOARD REG NO.77, ADMINISTRATIVE OFFICE AT PALLIKAVUMADH, KANAYANNOR TALUK, VADUTHALA, COCHIN REPRESENTED BY THE GENERAL SECRETARY, M.N.SIVADASAN NAMBOOTHIRI- 686 101.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd. 28/02/2018

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OP(C).No. 449 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P1	THE TRUE COPY OF THE APPEAL MEMORANDUM IN A.S NO.182/2016 PENDING BEFORE THE ADDITIONAL DISTRICT COURT-IV, KOTTAYAM.
EXHIBIT	P2	THE TRUE COPY OF I.A NO.1213/2017 IN A.S 182/2016 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-IV, KOTTAYAM.
EXHIBIT	P3	THE TRUE COPY OF ORDER DATED 22-07-2017 IN IA NO.1213/2017 IN A.S 182/2016 OF THE ADDITIONAL DISTRICT COURT-IV, KOTTAYAM.
EXHIBIT	P4	THE TRUE COPY OF JUDGMENT DATED 01-12-2017 IN O.P.CNO.2624 OF 2016 OF THIS HON'BLE COURT.
EXHIBIT	P5	THE TRUE COPY OF TIME EXTENSION PETITION FILED BY THE PETITIONERS IN O.P(C) NO.2624 OF 2016.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 28/02/2018

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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Tuesday, the 20^th day of February 2018/1^st Phalguna , 1939

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IA.324/2018 IN OP(C) No.2624/2017(O)

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IA 1213/2016 in AS.182/2016 of the Additional District Court & SESSIONS COURT - IV, KOTTAYAM

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PETITIONER(S)

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1. S.N. SHANMUGHADAS ,AGED 68 YEARS, S/O. NARAYANAPILLAI, SHANMUGHAVILAS, PERUNNAI EAST KARA, CHANGANACHERRY VILAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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2. SADASIVAN, AGED 64 YEARS, S/O. VASU PILLAI, ARCHANA HOUSE, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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3. N.P.KRISHNAKUMAR, AGED 54 YEARS, S/O. N.P. UNNI PILLAI, NIRANATH VIVEKANANDALAYAM HOUSE, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK,KOTTAYAM DISTRICT.

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RESPONDENT(S)

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1. V.K.PARAMESHWARAN NAMBOOTHIRI

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AGED 46 YEARS, S/O. K. KRISHNAN NAMPOOTHIRI, PUTHIYAMADOM, PERUNNAI EAST KARA, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

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2. THE KERALA OORAZHMA DEVASWOM BOARD, REG.NO. 77, ADMINISTRATIVE OFFICE AT PALLIKAVUMADH, KANAYANNOR TALUK, VADUTHALA, COCHIN REPRESENTED BY THE GENERAL SECRETARY, M.N. SIVADASAN NAMBOOTHIRI.

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Petition praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to extend two weeks' time for carrying out the amendment as per Exhibit P1 application pursuant to the judgment dated 01.12.2017.

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This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof, and this Court's Judgment dated 01.12.2017 in OPC and upon hearing the arguments of M/S. K.SHAJ and RENJIT GEORGE, Advocates for the petitioner and Sri. DINESH MATHEW J.MURICKEN, Advocate for R1 and Sri. N.ASHOK KUMAR, Advocate for R2, the court passed the following ;

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(p.t.o)

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EXT.P1 : THE TRUE COPY OF I.A. NO. 1213/2016 FILED BY THE PETITIONER IN A.S. NO.182/2016 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-

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IV, KOTTAYAM

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ALEXANDER THOMAS, J .

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O.P.(C) No. 449 of 2018 and I.A. No.324 of 2018 in O.P.(C) No.2624 of 2017

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Dated this the 20^th day of February, 2018

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JUDGMENT/ORDER

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The prayers in this Original Petition (Civil) filed under the

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enabling provisions of Article 227 of the Constitution of India are as follows :

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“i. To stay all further proceedings in A.S. 182/2016 till the petitioner is able to carry out the amendment to Exhibit P1 appeal memorandum pursuant to Exhibit P4 judgment of this Hon'ble Court.

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ii. To direct the District Court, Kottayam not to proceed with the hearing of A.S. 182/2016 of the Additional District CourtIV, Kottayam during the pendency of this Original Petition (Civil)

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iii. Such other reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and

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iv. The costs of the Original Petition (Civil).”

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The prayer in I.A. No. 324 of 2018 filed in the disposed

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O.P.(C) No.2624 of 2017 is as follows :

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“For the reasons stated in the accompanying affidavit, this Hon'ble Court may be pleased to extend two weeks; time for carrying out the amendment as per Ext.P1 application pursuant to the judgment dated 01.12.2017.”

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OP(C) : 449 of 2018

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-:2:-

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Heard Sri. K. Shaj, learned counsel for the petitioners. In the nature of the orders proposed to be passed in this petition, notice to the respondents will stand dispensed with.

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It is submitted by Sri.K.Shaj, learned counsel for the petitioners that they have filed Ext.P1 A.S. No.182/2016 before the Additional District Court-IV, Kottayam so as to impugn the judgment and decree in O.S. No.382/2014 on the file of the Munsiff's Court, Changanacherry. Later, the petitioners had filed Ext.P2 I.A. No.1213/2017 in the above A.S. seeking orders from the lower appellate court to amend the memorandum of appeal and said plea for amendment was dismissed by the lower appellate court as per Ext.P3 order dated 22.07.2017 and aggrieved thereby the petitioners had challenged the Ext.P3 order by filing O.P.(C) No.2624 of 2017 in which this Court has rendered Ext.P4 judgment dated 01.12.2017 setting aside the impugned order and allowed the amendment of the appeal memorandum. Thereafter, the Advocate Clerk of the counsel for the petitioners appearing before the lower appellate court had misplaced copy of Ext.P4 judgment and petitioners could not file the amended appeal memorandum within the time limit. Thereupon the petitioners had filed Ext.P5 application before this Court in O.P.(C) No.2624 of 2017.

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OP(C) : 449 of 2018

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-:3:-

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Taking into account the facts and circumstances it is ordered in the interest of justice that the petitioners are granted extension of time by two weeks to file the amended appeal memorandum in terms of the directions issued by this Court as per Ext.P4 judgment in O.P. (C) No.2624 of 2017 with direction, I.A. No.324 of 2018 is disposed. O.P.(C) No.2624 of 2017 will stand disposed.

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In the facts and circumstances of this case it is also ordered that the District Court, Kottayam shall not proceed with the hearing of A.S. No.182/2016 of the Additional District Court-IV, Kottayam till the amended appeal memorandum is filed by the petitioners herein, within the above said time limit. The petitioners will produce a copy of this judgment and order before the lower appellate court for necessary information.

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With these observations and directions, the above I.A. No.324 of 2018 in O.P.(C) No.2624 of 2017 and O.P.(C) No.449 of 2018 will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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ttb

S.N.Shanmughadas v. v.K.Parameswarn Nampoothiri

Case brief

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S.N.Shanmughadas v. v.K.Parameswarn Nampoothiri

Case brief

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