The High Court directed the lower court to dispose of specific interlocutory applications simultaneously, allowing the first respondent to raise objections during the decision-making process and dismissing the deletion of the second respondent.
Directed the lower court to take up and dispose interlocutory applications Nos. 4645/2014 and 815/2019 simultaneously.
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 V.G.ARUN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
OP(C) NO. 794 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 85/1971 OF I ADDITIONAL DISTRICT COURT,
THIRUVANANTHAPURAM
PETITIONER-PETITIONER IN I.A:
GEORGE VARGHESE AGED 53 YEARS S/O. LATE THANKACHAN VARGHESE, PLOT NO.60, T. C. 14/788(13), VALLEY VIEW GARDENS, POTHUJANAM LANE, KUMARAPURAM, MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM, PIN - 695 011.
BY ADVS. P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SRI.MANU VYASAN PETER
RESPONDENTS- RESPONDNETS IN I.A:
1 RUKKIYA BEEVI AGED 70 YEARS
D/O. ABDUL REHMAN KUNJU, THEKKEVILA VEEDU, EDAVA P. O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 311. * 2 MUHAMMED ABDUL KHADER (DELETED) AGED 82 YEARS S/O. ABDUL REHMAN KUNJU, KIZHAKKEVILA VEEDU, PRESS JUNCTION, EDAVA VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT.
*** (SECOND RESPONDENT IS DELETED AS PER JUDGMENT DATED 02.08.2021) BY ADV SRI.M.BALAGOVINDAN**
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 794 OF 2021
2
JUDGMENT
Dated this the 02nd day of August 2021
Learned Counsel for the petitioner submitted that the second respondent can be deleted from the array of parties at the petitioner’s risk. Accordingly, the second respondent is deleted from the party array.
OP(C) NO. 794 OF 2021
3
The Original Petition is disposed of accordingly.
Sd/-
V.G.ARUN
JUDGE
NB/3.8.21
OP(C) NO. 794 OF 2021
4
APPENDIX OF OP(C) 794/2021
PETITIONER’S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF 16.12.2014 IN THE ADDITIONA THIRUVANANTHAP |
THE I.A.NO.4645 OF 2019 DATED O.S.NO.85 OF 1971 ON THE FILE OF L SUBORDINATE JUDGE'S COURT -I, URAM. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF 14.03.2019 IN OF 1971 ON THE JUDGE'S COURT |
THE I.A.NO.815 OF 2019 DATED I.A.NO.4645 OF 2019 IN O.S.NO.85 FILE OF THE ADDITIONAL DISTRICT -IV, THIRUVANANTHAPURAM. |
| EXHIBIT P3 | TRUE COPY OF T (C) NO.1462 OF |
HE ORDER DATED 13.11.2020 IN O.P. 2020. |
| EXHIBIT P4 | TRUE COPY OF T OF 2019 IN I.A 1971 ON THE JUDGE'S COURT |
HE I.A.NO.2 OF 2021 IN I.A.NO.815 .NO.4645 OF 2014 IN O.S.NO.85 OF FILE OF THE ADDITIONAL DISTRICT -IV, THIRUVANANTHAPURAM. |
RESPONDENT’S EXHIBITS: NIL
True Copy P.A to Judge
2 issues framed by the court
Whether interlocutory applications pending in the subordinate court should be disposed of expeditiously.
Whether joint disposal of pending appeals will prejudice the interest of the first respondent.
GEORGE VARGHESE
RUKKIYA BEEVI
MUHAMMED ABDUL KHADER
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
