Dismissed

Sajith v. Sathi Devi

Kerala HC27 Feb 2018OP(C)/568/2018

Case brief

AI extract

What is this about?

An Original Petition (Civil) under Article 226 praying for a certified copy of a lower court order and deferral of proceedings was heard. Since the petitioners provided a certified copy of the impugned order, the High Court deferred lower court proceedings for ten days before disposing of the petition.

What did the court decide?

Proceedings on the impugned order dated 12.2.2018 were deferred for ten days; the petition was finally disposed of.

Sajith Vs Sathi Devi — 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 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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OP(C).No. 568 of 2018

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IA NO. 4177 OF 2017 IN OS 667 OF 2017 OF MUNSIFF COURT, KOLLAM

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-----

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PETITIONERS :

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1 SAJITH, AGED 52 YEARS, S/O. KUMARADASAN NAIR,ASTHAPATHI,S V NAGAR, AYATHIL,VADAKKEVILA,KOLLAM.

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2 JAYAKUMARI, AGED 45 YEARS, W/O. AJITH,ASTHAPATHI,S V NAGAR,AYATHIL, VADAKKEVILA, KOLLAM.

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BY ADV.SRI.SAJU J PANICKER

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RESPONDENTS/PLAINTIFFS:

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---------------------

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1. SATHI DEVI, AGED 49 YEARS, W/O. LATE PRADEEP.K,SUPRAKASH,SV NAGAR-106, AYATHIL,VADAKKEVILA,KOLLAM-691001.

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2. GOWRI PRADEEP, AGED 25 YEARS, D/O LATE PRADEEP.K,SUPRAKASH,

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S V NAGAR-106,AYTHIL,VADAKKEVILA,KOLLAM-691001.

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3. VANI PRADEEP, AGED 22 YEARS, D/O.LATE PRADEEP.K,SUPRAKASH,SV NAGAR-106, AYATHIL,VADAKKEVILA,KOLLAM-691001.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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05/3/2018

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OP(C).No. 568 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 PLAINT IN O.S.667 OF 2017 OF THE MUNSIFF COURT,KOLLAM. EXHIBIT P2 THE TRUE COPY OF I.A.4177 OF 2017 IN OS 667 NO.2017 OF THE MUNSIFF COURT,KOLLAM 25/9/2017. EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN I.A.4177 OF 2017 DATED 25/9/2017 EXHIBIT P4 THE TRUE COPY OF I.A.895 OF 2018 FILED BY THE PETITIONERS DATED 15/2/2017 EXHIBIT P5 THE TRUE COPY OF THE OBJECTION FILED BY RESPONDENTS IN I.A.895 OF 2018 DATED 20/2/2018.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 05/03/2018

ALEXANDER THOMAS, J.

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O.P.(C) No.568 of 2018

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Dated this the 27^th day of February, 2018

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JUDGMENT

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The 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) To issue a direction to the Munsiff Court, Kollam, to issue a certified copy of the order in I.A.N.4177 of 2017 in O.S.No.667 of 2017 forthwith.

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(ii) To keep in abeyance the order dated 12.2.2018 in I.A.No.4177 of 2017 in O.S.No.667 of 2017 of the Munsiff Court, Kollam, till the receipt of the certified copy of the order.

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(iii) Such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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Heard Sri.Saju.J.Panicker, learned counsel appearing for

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the petitioners.

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The above Original Petition (Civil) was moved as “today motion” on 26.2.2018 and the matter was adjourned to today to enable the learned counsel appearing for the petitioners to ascertain whether the certified copy of the abovesaid impugned order has been already obtained by the petitioners or whether the application in that regard is still pending. Today when the matter has taken up for consideration, Sri.Saju.J.Panicker, learned counsel appearing petitioners/defendants,

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: :2::

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O.P.(C) No.568/18

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submitted on the basis of instructions from his party that the certified copy of the impugned order dated 12.2.2018 rendered by the Munsiff Court, Kollam, on I.A.No.4177 of 2017 in O.S.No.667 of 2017 has already been furnished to the petitioners yesterday (26.2.2018). Further it is submitted by Sri.Saju.J.Panicker, learned counsel for the petitioners, that this Court may issue necessary directions to ensure that a breathing time is given to the petitioners to ensure that they could institute appropriate proceedings to challenge the abovesaid impugned order and to work out their remedies in that regard effectively.

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Accordingly, it is ordered that further proceedings in pursuance of the order dated 12.2.2018 on I.A.No.4177 of 2017 in O.S.No.667 of 2017 on the file of the Munsiff Court, Kollam, will stand deferred for a period of ten days. The petitioners will produce the certified copy of this judgment before the Munsiff Court, Kollam, for necessary information.

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

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ALEXANDER THOMAS JUDGE

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csl

Sajith v. Sathi Devi

Case brief

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Sajith v. Sathi Devi

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