Single judge order disposing of an original petition. The court reserved its opinion on an observation regarding the joint trial of multiple suits, directing the trial court to decide based on law if an application is filed. Judgment delivered on 12 November 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941
OP(C).No.1073 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP(T.P.)38/2017 DATED 28-11-2018 OF DISTRICT COURT, PATHANAMTHITTA
PETITIONER/S:
MURALEEDHARAN PILLAI,
AGED 54 YEARS
S/O. KRISHNA PILLAI, RESIDING AT VAISAKH, ULLAMNOOR MURI, KULANADA VILLAGE, KULANADA P.O, PATHANAMTHITTA DISTRICT, PIN 689 503
BY ADVS.
SRI.SHIJU VARGHESE SRI.S.NIDHEESH
RESPONDENT/S:
1 GOPALAKURUP, AGED 77 YEARS S/O. KESAVAN NAIR, RESIDING AT SREEVILASATHU VEEDU, NJETTOOR MURI, KULANADA VILLAGE, FROM THAMARASSERIL KIZHAKKETHIL VEETTIL, NJETTOOR MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT, KULANADA P.O, PIN 689 503.
2 THANKAMONY,
AGED 72 YEARS W/O. GOPALAKURUP, RESIDING AT SREEVILASATHU VEEDU, NJETTOOR MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT, KULANADA P.O, PIN 689 503.
R1-2 BY ADV. SRI.M.JAYAKRISHNAN R1-2 BY ADV. SRI.G.UNNIKRISHNAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1073 OF 2019
JUDGMENT
When this matter has been taken up for
hearing, the learned counsel for the petitioner has submitted that the petitioner is aggrieved only by the observation in Ext.P9 that all the suits are to be tried jointly. Whether the suits are to be tried jointly or not, is a matter to be decided by the trial court, in accordance with law. In the said circumstances, the court below shall independently and untrameled by any of the observations in Ext.P9, consider and decide the question as to whether the suits referred to in Ext.P9 are to be
OP(C).No.1073 OF 2019
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tried jointly or not, if an application for joint trial is filed by any of the parties
to the suits.
This O.P.(C) stands disposed of as
above.
Sd/B. SUDHEENDRA KUMAR, JUDGE
STK
OP(C).No.1073 OF 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO. 66/2012 OF THE SUB COURT, PATHANAMTHITTA DATED 21-2-2012
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO. 66/2012 OF THE SUB COURT, PATHANAMTHITTA'
EXHIBIT P3 OPY OF THE PLAINT IN OS NO. 341/2011 OF THE SUB COURT, PATHANAMTHITTA DATED 1112-2011.
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO. 341/2011 OF THE SUB COURT, PATHANAMTHITTA DATED 7-7-2012
EXHIBIT P5 TRUE COPY OF PLAINT IN OS NO. 132/2012 BEFORE THE MUNSIFF'S COURT, PATHANAMTHITTA 13-3-2012
EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO 132/2012 MUNSIFF'S COURT, PATHANAMTHITTA
EXHIBIT P7 TRUE COPY OF THE OP(TP) NO 38/2017 OF THE DITRICT COURT, PATHANAMTHITTA DATED 7-10-2017
EXHIBIT P8 TRUE COPY OF THE OBJECTIONS IN OP(TP) NO. 38/2017 DATED 12-06-2018.
EXHIBIT P9 TRUE COPY OF THE ORDER IN OP(TP) NO. 38/2017 OF THE DISTRICT COURT, PATHANAMTHITTA DATED 28-11-2018.
MuralEedharan Pillai
Gopalakurup
Thankamony
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
