Patta v. N.P. Pavithran
Case brief
What is this about?
This court disposed of an appeal against an order rejecting an amendment application due to default. The petitioner/plaintiff was ordered to pay costs to allow the proceedings to continue without further delay.
What did the court decide?
The appeal was disposed of on terms that the costs of ₹3,000 be paid; otherwise, the order in the review application would be set aside and the suit disposed of at earliest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
OP(C) NO. 828 OF 2023
AGAINST THE ORDER DATED 21/03/2023 IN I.A.NO.2/2023 IN O.S.NO.273/2012 OF MUNSIFF COURT, HOSDRUG
PETITIONERS/RESPONDENTS/DEFENDANTS:
1PATTA,
AGED 60 YEARS, D/O LATE POKKEN,
NEERALI, AMBALATHARA VILLAGE,
HOSDURG TALUK, POST ECHIKANAM,
KASARAGOD DISTRICT- 671531
2MOHANAN,
AGED 45 YEARS,
S/O PATTA, RESIDING AT NEERALI,
AMBALATHARA VILLAGE, HOSDURG TALUK,
POST ECHIKANAM, KASARAGOD DISTRICT- 671531
BY ADV KODOTH SREEDHARAN
RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 |
N.P. PAVITHRAN,AGED 47 YEARS, |
|---|---|
S/O LATE PUTHIYAPURAYIL KUNJIRAMAN,NEERALI, AMBALATHARA VILLAGE, |
|
HOSDURG TALUK, ECHIKANAM POST, |
|
KASARAGOD DISTRICT PIN. 671 531 |
|
2 |
K.C. SAROJINI, |
AGED 70 YEARS, |
|
W/O LATE PUTHIYAPURAYIL KUNJIRAMAN,NEERALI, AMBALATHARA VILLAGE, |
|
HOSDURG TALUK, ECHIKANAM POST, |
|
KASARAGOD DISTRICT PIN 671 531 |
|
3 |
VINODKUMAR, N.P, |
AGED 40 YEARS, S/O LATE PUTHIYAPURAYIL KUNJIRAMAN,NEERALI, AMBALATHARA VILLAGE, HOSDURG TALUK,ECHIKANAM POST, KASARAGOD DISTRICT- 671531 |
|
4 |
SEEMA N.P., |
AGED 37 YEARS, D/O LATE PUTHIYAPURAYIL KUNJIRAKAN, |
|
NEERALI, AMBALATHARA VILLAGE, HOSDURG TALUK,ECHIKANAM POST, KASARAGOD DISTRICT- 671531 |
Issues for consideration
2 issues framed by the court
Whether the appeal against rejection of amendment application should be disposed of on terms of paying costs.
Whether the impugned order restricting the review petition should be set aside in event of non-payment of costs.
Coram
P. Somarajan
Case details
As recorded by the court registry
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