Allowed

Pradeep v. Indira Charitable Trust

Kerala HC7 Jan 2021OP(C)/1178/2020

Case brief

AI extract

What is this about?

The High Court allowed two writ petitions invoking Article 226 challenging a subordinate court's procedural sequence. The Court directed the lower court to first dispose of applications to set aside ex parte orders before proceeding to decide applications for attachment before judgment in the underlying civil suits.

What did the court decide?

Both original petitions allowed with direction to dispose of applications to set aside ex parte orders before deciding applications for attachment before judgment.

Pradeep Vs Indira Charitable Trust — Civil Procedure and Limitation | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

¶4

THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

¶5

OP(C).No.1146 OF 2020

¶6

I.A.NO.2115/2017 IN OS 129/2017 OF IInd ADDITIONAL SUB COURT,TRIVANDRUM

¶7

PETITIONERS/PETITIONERS/PLAINTIFFS:

¶8

1 PRADEEP AGED 43 YEARS S/O. KARUNAKARAN, PROPRIETOR, SMERA CONSTRUCTION, PUTHENPURA HOUSE, MELKULANGARA, VAYAKKAL P.O. KOTTARAKKARA, KOLLAM 691 532.

¶9

2 S. KRISHNA KUMAR, AGED 42 YEARS S/O. SASIKUMARAKURURP, CHIRAYATH, LAKSHMI VILASAM, PADINJATTINKARA, KOTTARAKKARA 691 506.

¶10

BY ADVS. SRI.G.KRISHNAKUMAR SRI.B.S.SURAJ KRISHNA

¶11

RESPONDENTS/RESPONDENTS/DEFENDANTS:

¶12

1 INDIRA CHARITABLE TRUST A REGISTERED CHARITABLE TRUST, HAVING ITS ADMINISTRATIVE AND REGISTERED OFFICE AT RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023, REP. BY ITS CHAIRMAN AND MANAGING TRUSTEE DR. BIJU RAMESH, AGED 54 YEARS, S/O. RAMESH, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶13

O.P.(C)Nos.1146 and 1178 of 2020

¶14

:-2-:

¶15

2 DR. BIJU RAMESH, AGED 54 YEARS S/O. RAMESH, CHAIRMAN AND MANAGING TRUSTEE, INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶16

3 RANI BIJU, AGED 49 YEARS W/O. DR. BIJU RAMESH, MEMBER SECRETARY, INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶17

4 RESHMA RAMESH, AGED 28 YEARS

¶18

D/O. DR. BIJU RAMESH, MEMBER INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶19

5 MEGHA RAMESH, AGED 26 YEARS

¶20

D/O. DR. BIJU RAMESH, MEMBER INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶21

R1-5 BY ADV. SRI.C.P.SAJI R1-5 BY ADV. SMT.P.DEEPTHI R1-5 BY ADV. SMT.P.DEEPA MOHAN

¶22

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021, ALONG WITH OP(C).1178/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

O.P.(C)Nos.1146 and 1178 of 2020

¶24

:-3-:

¶25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

¶28

THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

¶29

OP(C).No.1178 OF 2020

¶30

I.A.NO.1139/2018 IN OS 73/2018 OF IInd ADDITIONAL SUB COURT, TRIVANDRUM

¶31

PETITIONERS/PETITIONERS/PLAINTIFFS:

¶32

1 PRADEEP AGED 43 YEARS S/O. KARUNAKARAN, PROPRIETOR, SMERA CONSTRUCTION, PUTHENPURA HOUSE, MELKULANGARA, VAYAKKAL P.O, KOTTARAKKARA, KOLLAM 691 532

¶33

2 S. KRISHNA KUMAR, AGED 42 YEARS S/O. SASIKUMARAKURUP, CHIRAYATH, LAKSHMI VILASAM, PADINJATTINKARA, KOTTARAKKARA 691 506

¶34

BY ADVS. SRI.G.KRISHNAKUMAR SRI.B.S.SURAJ KRISHNA

¶35

RESPONDENTS/RESPONDENTS/DEFENDANTS:

¶36

1 INDIRA CHARITABLE TRUST

¶37

A REGISTERED CHARITABLE TRUST, HAVING ITS ADMINISTRATIVE AND REGISTERED OFFICE AT RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023 REPRESENTED BY ITS CHAIRMAN AND MANAGING TRUSTEE DR. BIJU RAMESH, AGED 54 YEARS, S/O. RAMESH, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023

¶38

O.P.(C)Nos.1146 and 1178 of 2020

¶39

:-4-:

¶40

2 DR. BIJU RAMESH, AGED 54 YEARS S/O. RAMESH, CHAIRMAN AND MANAGING TRUSTEE, INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023

¶41

3 RANI BIJU, AGED 49 YEARS W/O. DR. BIJU RAMESH, MEMBER SECRETARY, INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023

¶42

4 RESHMA RAMESH, AGED 28 YEARS

¶43

D/O. DR. BIJU RAMESH, MEMBER INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023

¶44

5 MEGHA RAMESH, AGED 26 YEARS

¶45

D/O. DR. BIJU RAMESH, MEMBER INDIRA CHARITABLE TRUST, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM 695 023.

¶46

R1-5 BY ADV. SRI.C.P.SAJI R1-5 BY ADV. SMT.P.DEEPTHI R1-5 BY ADV. SMT.P.DEEPA MOHAN

¶47

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021, ALONG WITH OP(C).1146/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶48

O.P.(C)Nos.1146 and 1178 of 2020

¶49

:-5-:

¶50

Dated this the 7^th day of January, 2021

¶51

J U D G M E N T

¶52

O.P.(C)No.1146/2020 arises from O.S.No.129/2017

¶53

on the file of II^nd Additional Sub Court,

¶54

Thiruvananthapuram. O.P.(C)No.1178/2020 arises out

¶55

of the proceedings of the same court in

¶56

O.S.No.73/2018. The petitioners in both matters are hte plaintiffs.

¶57

Both the suits were filed for recovery of realisation of money by the same plaintiff against the same defendants. It is submitted that in both the suits, conditional orders of attachment before judgment were issued by the court at the request made by the plaintiff. At some point of time, the respondents were set ex parte for their absence from the proceedings. Thereupon, the respondents filed applications seeking to set aside the ex parte order passed against them. The grievance of

¶58

O.P.(C)Nos.1146 and 1178 of 2020

¶59

:-6-:

¶60

the petitioners is that before adjudicating the

¶61

applications filed for setting aside the ex parte order, the court below went on to take up and decide the petitions for attachment before judgment contrary to principles of procedural law. The plaintiffs being aggrieved by the action of the court below, filed both these original petitions invoking Article 227 of the Constitution of India for a direction to be issued to II^nd Additional Sub Court not to proceed to decide the applications for attachment before judgment in both suits before disposing of the petitions for setting aside the ex parte order.

¶62

respondents. Learned counsel Smt.Deepa Mohan submitted that she has no objection in direction

¶63

being given to the II^nd Additional Sub Judge,

¶64

Thiruvananthapuram, in taking up I.A.No.1/2020 in

¶65

O.P.(C)Nos.1146 and 1178 of 2020

¶66

:-7-:

¶67

O.S.No.129/2017 and I.A.No.1/2020 in O.S.No.73/2018 and disposing it of before the learned Judge proceeding to decide I.A.No.2115/2017 and

¶68

I.A.No.1139/2018 in the respective suits. I am also inclined to accept the legal position canvassed by the petitioners in both these matters that it is not legally fair to decide the applications for attachment before deciding the petitions for setting aside the ex parte order.

¶69

In the result, both the original petitions are allowed with direction to the II^nd Additional Sub

¶70

Judge, Thiruvananthapuram, to take up and dispose

¶71

of I.A.No.1/2020 in respective suits before proceeding to decide t he applications for attachment before judgment in the suits. It is

¶72

further directed that the impugned applications in the suits shall be disposed of by the learned Judge of II^nd Additional Sub Court, Thiruvananthapuram,

¶73

O.P.(C)Nos.1146 and 1178 of 2020

¶74

:-8-:

¶75

within a period of one month from the date of

¶76

receipt of certified copy of this order.

¶77

All pending interlocutory applications are

¶78

closed.

¶79

Sd/-

¶80

T.V.ANILKUMAR JUDGE

¶81

ami/

¶82

O.P.(C)Nos.1146 and 1178 of 2020

¶83

:-9-:

¶84

APPENDIX OF OP(C) 1146/2020

¶85

PETITIONERS' EXHIBITS:

¶86

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO. 129/17 ON THE FILES OF THE 2ND ADDL. SUB COURT, THIRUVANANTHAPURAM.

¶87

EXHIBIT P2 TRUE COPY OF THE IA NO. 2115/2017 IN OS NO. 129/17 ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

¶88

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FIELD BY THE 2ND RESPONDENT/ 2ND DEFENDANT ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

¶89

EXHIBIT P4 TRUE COPY OF THE IA NO. 1/2020 IN OS 129/17 ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

¶90

EXHIBIT P5 TRUE COPY OF THE PRINT OUT TAKEN FROM E- COURT SERVICE WITH REGARD TO THE PROCEEDINGS IN OS NO. 129/17 ON THE FILES OF THE 2ND ADDL. SUB COURT, THIRUVANANTHAPURAM.

¶91

O.P.(C)Nos.1146 and 1178 of 2020

¶92

:-10-:

¶93

APPENDIX OF OP(C) 1178/2020

¶94

PETITIONERS' EXHIBITS:

¶95

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO. 73/2018 ON THE FILES OF THE 2ND ADDL. SUB COURT, THIRUVANANTHAPURAM

¶96

EXHIBIT P2 TRUE COPY OF THE IA NO. 1139/2018 IN O.S NO. 73/2018 ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶97

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT/2ND DEFENDANT ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶98

EXHIBIT P4 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PLAINTIFFS IN O.S NO. 73/2018 ON THE FILES OF THE 2ND ADDL. SUB COURT, THIRUVANANTHAPURAM

¶99

EXHIBIT P5 TRUE COPY OF THE IA NO 1/2020 IN OS 73/2018 ON THE FILES OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶100

EXHIBIT P6

¶101

TRUE COPY OF THE PRINT OUT TAKEN FROM E- COURT SERVICE WITH REGARD TO THE PROCEEDINGS IN OS NO. 73/2018 ON THE FILES OF THE 2ND ADDL. SUB COURT, THIRUVANANTHAPURAM.

Pradeep v. Indira Charitable Trust

Case brief

What is this about?

What did the court decide?

Pradeep v. Indira Charitable Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tini Joseph Vs Sajeev P.V

Muhammed Siraj Vs Kadeeja.M.K

Ymca Vs T.a.Anthu

The New India Assurance Company Limited Vs Sreedharan Pillai

Pradeep Vs Indira Charitable Trust

Silmans International, Vs Bank of India