Allowed

Ajith George Thomas v. Muralidharan

Kerala HC21 Feb 2018OP(C)/507/2018

Case brief

AI extract

What is this about?

Petitioner sought direction under Article 227 for Trial Court to dispose of an interim application per a prior High Court judgment. Court restrained Trial Court from listing suit for evidence until the interim application was disposed of and forwarded compliance report.

What did the court decide?

The Munsiff Court, Attingal restrained from listing O.S. No. 226/2012 for evidence until I.A. No. 416/2017 is disposed of as per prior judgment. Trial Court to forward compliance report.

Ajith George Thomas Vs Muralidharan — 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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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939

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OP(C).No. 507 of 2018

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OS.NO. 226/2012 of MUNSIFF'S COURT,ATTINGAL.

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---------

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PETITIONER(S)

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AJITH GEORGE THOMAS, S/O. THOMAS MATHAI, AGED 48 YEARS, HOUSE NO 426,CARBO RANDOM ROAD, RD PLOT, SOUTH KALAMASSERY, ERNAKULAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER P.M VARKEY,S/O. MATHAI, AGED 76 YEARS, HOUSE NO. 426,CARBO RANDOM ROAD, RD PLOT, SOUTH KALAMASSERY, ERNAKULAM DISTRICT.

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BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SMT.P.ANJANA SMT.NEENU PAVITHRAN

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RESPONDENT(S):

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MURALIDHARAN, S/O. M.K KUMAR, MULLAPARAMBIL HOUSE, MANJUMMEL P.O, ELAMKULAM, NOW RESIDING AT PRA-18,1ST FLOOR, KELLIND LANE, PARUTHIPPARA, MUTTADA P.O, THIRUVANANTHAPURAM 695 025

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 507 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 POWER OF ATTORNEY DATED 9-4-2012 EXECUTED BY AJITH GEORGE THOMAS IN FAVOUR OF P.M VARKEY EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS 226 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL(ORIGINALLY FILED BEFORE THE DISTRICT(VACATION) COURT, THIRUVANANTHAPURAM) EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR INJUNCTION FILED BY THE PLAINTIFF AS I.A 1104 OF 2012 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF THE ORDER DATED 21-04-2012 IN I.A NO 933/2012 IN I.A 932/2012 IN UNNUMBERED SUIT BEFORE THE ADDITIONAL DISTRICT JUDGE-1,VACATION COURT, THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF THE COMMISSION-REPORT IN PURSUANCE OF IA 932 OF 2012 SUBMITTED BY THE COMMISSIONER BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM EXHIBIT P6 TRUE COPY OF THE OUTPATIENT RECORD DATED 24-4-2012 OF THE POWER-OF-ATTORNEY HOLDER OF THE PETITIONER ISSUED BY THE CASUALTY OF THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 25-4-2012 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER EXHIBIT P8 TRUE COPY OF THE PLAINT IN OS 338 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL EXHIBIT P9 TRUE COPY OF THE ORDER DATED 15-09-2012 IN IA 1510 OF 2012 IN O.S 338 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL EXHIBIT P9(A) TRUE COPY OF THE JUDGMENT DATED 03-08-2015,IN O.S 338/2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL EXHIBIT P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN O.S 226 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL

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OP(C).No. 507 of 2018 (O)

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EXHIBIT P11	TRUE COPY OF THE ALLEGED PERPETUAL LEASE OF DEED DATED 25-08-2009 ALLEGED TO HAVE BEEN EXECUTED BY LATE DR. THOMAS MATHAI IN FAVOUR OF THE DEFENDANT
EXHIBIT P12	TRUE COPY OF THE I.A 274 OF 2013 IN O.S 226 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 1-7-2014 IN IA 1104/2012 IN OS 226 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL
EXHIBIT P14	TRUE COPY OF THE JUDGMENT DATED 11-3-2016 IN CMA 14 OF 2014 ON THE FILE OF THE SUBORDINATE JUDGES COURT, ATTINGAL
EXHIBIT P15	TRUE COPY OF THE JUDGMENT IN OPC NO 911 OF 2016 DATED 6-4-2016
EXHIBIT P16	TRUE COPY OF THE ORDER DATED 12-1-2016 IN OS 226 OF 2012
EXHIBIT P17	TRUE COPY OF THE ORDER IN IA 1806 OF 2016 IN OS 226 OF 2012
EXHIBIT P18	TRUE COPY OF THE JUDGMENT DATED 27-10-2017 IN C.M.A 1 OF 2017 AND C.M.A 2 OF 2017 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE'S COURT THIRUVANANTHAPURAM
EXHIBIT P19	TRUE COPY OF I.A 416 OF 2017 IN OS 226 OF 2012 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL
EXHIBIT P20	TRUE COPY OF THE JUDGMENT DATED 6-2-2018 IN O.P C 272 OF 2018 ON THE FILE OF THIS HONOURABLE COURT.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

ALEXANDER THOMAS, J .

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O.P.(C) No. 507 of 2018

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Dated this the 21^st day of February, 2018

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JUDGMENT

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The main prayer in this Original Petition (Civil) filed under the

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

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“Pass an order directing the Trial Court to remove O.S. 226 of 2012 on the file of the Munsiff's Court, Attingal from the list and to dispose of I.A.416/2017 in OS 226/2012 on the file of the Munsiff's Court, Attingal viz. Ext.P19 as directed in Ext.P20 judgment of this Hon'ble Court.”

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Heard Sri.R.S. Kalkura, learned counsel appearing for the petitioner/plaintiff. 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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This Court as per Ext.P20 judgment dated 06.02.2018 rendered in O.P.(C) No. 272 of 2018 had directed that the Munsiff's Court, Attingal to dispose of I.A. No. 416/2017 in O.S. No.226/2012 without much delay, preferably within a period of six weeks from the date production of a certified copy of the judgment. Copy of the above said application in the above said Suit has been produced as

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OP(C) : 507 of 2018

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-:2:-

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Ext.P17 herein. The petitioner would submit that a copy of Ext.P20 judgment was brought to the attention of the Munsiff's Court, Attingal and in spite of that, the said court has listed the case for trial without waiting to dispose of I.A .No.416/2017 as already directed by this Court in Ext.P20 judgment. It is pointed out that on 14.02.2018, the trial court had listed the case for evidence on the Special List on 26.02.2018, even though a copy of Ext.P20 judgment was brought to the notice of the trial court concerned.

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In the light of the above said submissions, it is ordered that the Munsiff's Court, Attingal shall not list O.S. No.226/2012 for evidence without passing orders on I.A. No.416/2017 as already directed by this Court in Ext.P20 judgment. The Munsiff's Court, Attingal will proceed to comply with the direction in Ext.P20 judgment without any further delay and would forward a copy of the order to be passed on I.A. No.416/2017 to the Registrar, Subordinate Judiciary attached to this Court and should also forward a report regarding compliance of the directions in Ext.P20 judgment. The Munsiff's Court, Attingal shall also state whether or not copy of Ext.P20 judgment was brought to his notice on 14.02.2018 and if so,

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OP(C) : 507 of 2018

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-:3:-

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the reasons as to why he had chosen to list the Suit for evidence without complying with the directions in Ext.P20 judgment. Report in that regard should be furnished by the Munsiff's Court, Attingal to the Registrar, Subordinate Judiciary attached to this Court, within one week from the date on which orders are passed on I.A. No.416/2017 as directed in Ext.P20 judgment. The petitioner will produce a certified copy of this judgment before the Munsiff's Court, Attingal for necessary information.

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

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Sd/- ALEXANDER THOMAS, JUDGE

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ttb

Ajith George Thomas v. Muralidharan

Case brief

What is this about?

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Ajith George Thomas v. Muralidharan

Case brief

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