The High Court of Kerala dismissed an original petition challenging an order deferring an application for discovery. The judgment affirmed the trial court's order, subject to a liberty to utilize documents if subsequently traced following an interim direction to the Labour Welfare Officer.
Impugned order confirmed; liberty to use traced documents upheld.
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 A. BADHARUDEEN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(C) NO. 2329 OF 2018
AGAINST THE ORDER/JUDGMENT IN OS 190/2012 OF MUNSIFF COURT,
PARAPPANANGADI
PETITIONER:
ANILKUMAR,
AGED 38 YEARS
S/O.NARAYANAN, ARAPUZHAKKAL HOUSE,
TIRUR TALUK, KOTTAKKAL AMSOM DESOM,
MALAPPURAM DISTRICT.
BY ADVS.
K.P.SUDHEER
ANJALI NAIR
RESPONDENT:
VILASINI M.P.,
AGED 63 YEARS
D/O.NARAYANAN CHETTIYAR,
SREE VALSAM, MARAKARA AMSOM DESOM,
TIRUR TALUK, MALAPPURAM DISTRICT,
PIN 676553.
BY ADVS.
C.M.MOHAMMED IQUABAL
RAIHANATH T.H.(K/000241/2019)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2329 OF 2018
2
JUDGMENT
Dated this the 26th day of May, 2022
This Original Petition has been filed under Article 227 of the Constitution of India.
“After hearing both sides, it appears that the documents sought for in I.A No.1669/2018 is available with the Labour Welfare Officer, Kottakkal Arya Vydyashala, Kottakkal. Therefore, any decision in this O.P shall be subject to the availability of the documents. In this context, the relevant note as per Ext.P3, the Labour Welfare Officer already filed an affidavit before the trial court after producing the available records with an undertaking that no other
3
OP(C) NO. 2329 OF 2018
records asked for were traced out.
In view of the matter, I direct the Labour Welfare Officer, Kottakkal Arya Vydyashala, Kottakkal to file an affidavit as to whether the documents sought for in I.A No.1669/2018 is available with the Labour Welfare Officer, on or before 26.05.2022. The petitioner and respondents are directed to hand over the copy of this interim order to the Labour Welfare Officer and along with the copy the petition (I.A. No. 1669/2018), so that an affidavit as directed will be filed by the Labour Welfare Officer on or before 26.05.2022.
Post on 26.05.2022”.
respondent/plaintiff submitted that affidavit sworn by the Chief Manager of the Kottakkal Aryavydhya Shala along with the affidavit of the plaintiff have been filed before this Court and a true copy of the same is produced in the open court. As per the affidavit sworn by the Chief Manager of Kottakkal Aryavydhya Shala, the documents sought for by the petitioner herein in the above I.A. stated to be not available despite having bonafide search. It is reported further that if on further search, the documents able to be traced out, that
OP(C) NO. 2329 OF 2018
4
shall be produced before the court.
deferred the petition till trial and in view of the matter, if further documents as stated in the affidavit are traced out, the petitioners can use the same as observed by the trial court. Keeping the said liberty intact, this original petition stands disposed of while confirming the order impugned.
Registry shall forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.
Sd/-
A. BADHARUDEEN JUDGE
nkr
OP(C) NO. 2329 OF 2018
5
APPENDIX OF OP(C) 2329/2018
PETITIONER |
EXHIBITS |
|---|---|
EXHIBIT P1 |
TRUE COPY OF APPLICATION FILED BY THEDEFENDANTS AS I.A.655/2016 IN O.S.NO.190/2012 ON THE FILE OF THEMUNSIFF'S COURT, PARAPPANANGADI ANDTHE DOCKET ORDER DATED 15.3.2016 |
EXHIBIT P2 |
TRUE COPY OF LETTER DATED 9.9.2016ISSUED BY THE JOINT DIRECTOR, REGIONALFORENSIC SCIENCE LABORATORY, THRISSURTO THE MUNSIFF'S COURT, PARAPPANANGADI |
EXHIBIT P3 |
TRUE COPY OF AFFIDAVIT DATED 3.6.2016FILED BY THE LABOUR WELFARE OFFICER,ARYA VYDYASHALA, KOTTAKKAL IN O.S.NO.190/2012 BEFORE THE MUNSIFF'SCOURT, PARAPPANANGADI |
EXHIBIT P4 |
TRUE COPY OF ORDER DATED 15.12.2016 INI.A.655/2016 IN ORIGINAL SUITNO.190/2012 PASSED BY MUNSIFF'S COURT,PARAPPANANGADI |
EXHIBIT P5 |
TRUE COPY OF APPLICATION FILED BY THEDEFENDANTS AS I.A.1669/2018 INO.S.190/2012 ON THE FILE OF THEMUNSIFF'S COURT, PARAPPANANGADI |
EXHIBIT P6 |
TRUE COPY OF COUNTER STATEMENT DATED4.9.2018 FILED IN I.A.1669/2018 INO.S.190/2012 ON THE FILE OF THEMUNSIFF'S COURT, PARAPPANANGADI |
EXHIBIT P7 |
TRUE COPY OF ORDER DATED 7.9.2018 INI.A.1669/2018 IN O.S.190/2012 PASSEDBY MUNSIFF'S COURT, PARAPPANANGADI |
2 issues framed by the court
Whether the impugned order deferring consideration of an interim application after evidence should be affirmed pending availability of sought documents.
Whether the superior court should grant liberty to file additional documents if newly traced.
ANILKUMAR
VILASINI M.P.
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court