Disposed

Krishnakumari, v. Syamalal.M.N.

Kerala HC15 Jan 2019OP(C)/60/2019

Case brief

AI extract

What is this about?

In O.P.(C)No.60 of 2019, the High Court of Kerala disposed of the petition by directing the transfer of an appeal from the 2nd Additional District Court to the 5th Additional District Court for consolidated hearing along with three other related appeals, while mandating expedited consideration of pending interlocutory applications.

What did the court decide?

A.S.No.230/2018 transferred to 5th Additional District Court for joint hearing with other appeals; interlocutory applications to be considered expeditiously.

Krishnakumari, Vs Syamalal.M.N. — Civil Procedure and Limitation | Kerala HC (2019)

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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 SATHISH NINAN

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TUESDAY, THE 15TH DAY OF JANUARY 2019/25TH POUSHA, 1940

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O.P.(C)No.60 of 2019

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(FOR SPEEDY DISPOSAL OF I.A.NOS.1667/2018 & 1709/2018 IN A.S.No.230/2018 OF ADDL. DISTRICT COURT-II, KOTTAYAM)

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PETITIONER/PETITIONER:

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KRISHNAKUMARI, AGED 50 YEARS, W/O. LATE VENU, PARACKAL CHETHIMATTATHIL HOUSE, PAMPADY KARA, PAMPADY VILLAGE, KOTTAYAM TALUK.

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BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER

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RESPONDENT/RESPONDENT:

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SYAMALAL.M.N., AGED 53 YEARS, S/O. NARAYANAN, MAVELIL HOUSE, PAMPADY KARA, PAMPADY VILLAGE, KOTTAYAM TALUK-686 502.

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BY ADVS. SMT.P.DEEPA MOHAN SRI.C.P.SAJI

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(C)No.60 of 2019

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JUDGMENT

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Four appeals are pending between the

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parties; A.S.No.230/2018 before the 2^nd Additional District Court, Kottayam,

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A.S.No.242/2018, A.S.No.243/2018 and A.S.No.259/2018 before the 5^th Additional District Court, Kottayam.

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2. The petitioner has filed two interlocutory applications as I.A.Nos.1667/2018 and 1709/2018 in

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A.S.No.230/2018. The grievance of the petitioner is that, the said interlocutory applications are not being considered.

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3. The learned counsel for the

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respondent submits that the subject matter in issue in all the appeals are inter-related, hence the interlocutory applications filed in

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one appeal alone cannot be considered

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O.P.(C)No.60 of 2019

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independently. The parties have no objection in the appeal A.S.No.230/2018 pending on the

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files of the 2^nd Additional Sub Court, Kottayam being transferred to the 5^th Additional Sub Court, Kottayam to be considered along with the other three appeals.

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In the result, the original petition is disposed of with the following directions.

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(i) A.S.No.230/2018 pending on the files of the 2^nd Additional District Court, Kottayam will stand withdrawn and made over to the 5^th Additional District Court, Kottayam.

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(ii) The appeal A.S.No.230/2018 of the 2^nd Additional District Court, Kottayam shall be heard along with A.S.No.242/2018 and 259/2018 and A.S.No.259/2018 on the files of the 5^th Additional District Court, Kottyam.

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(iii) The 5^th Additional District Judge shall consider the applications

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O.P.(C)No.60 of 2019

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I.A.No.1667/2018 and I.A.No.1709/2018 as expeditiously as possible and pass appropriate orders thereon.

Sd/-

SATHISH NINAN

JUDGE

O.P.(C)No.60 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF IA NO 1667/2018 IN AS NO 230/2018 ON THE FILE OF ADDITIONAL DISTRICT COURT-11 KOTTAYAM.

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EXHIBIT P2

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TRUE COPY OF IA NO 1709/2018 IN AS NO 230/2018 ON THE FILE OF ADDITIONAL DISTRICT COURT-11 KOTTAYAM.

Krishnakumari, v. Syamalal.M.N.

Case brief

What is this about?

What did the court decide?

Krishnakumari, v. Syamalal.M.N.

Case brief

What is this about?

What did the court decide?

What the court decided

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