The High Court of Kerala dismissed two original petitions filed against orders allowing substituted service by paper publication. The Court held that the first defendant was actively avoiding service to delay proceedings and that the petitioner's status as a relative was not grounds to oppose the applications.
The original petitions were dismissed.
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 DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
OP(C) NO. 2222 OF 2023
AGAINST THE ORDER IN I.A.NO.1/2022 IN OS NO.37 OF 2015 OF SUB COURT MAVELIKKARA AND ORDER IN 6/2022 IN OS NO.37 OF 2015 OF SUB COURT, MAVELIKKARA PETITIONER/RESPONDENT:
AMEER ABDUL AZEES AGED 38 YEARS S/O. ABDUL AZEEZ, VELIAYYATHU HOUSE, KANNAMPALLIL BHAGOM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK ALAPPUZHA, PIN - 690502, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, AJEESHA AMEER, AGED 37 YEARS, W/O. AMEER ABDUL AZEES, VELIYAYYATHU, KANNAMPALLI BHAGOM, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690502
BY ADVS. B.RENJITHKUMAR CLARA SHERIN FRANCIS
RESPONDENTS/PETITIONER:
1 ARUNKUMAR
AGED 34 YEARS S/O. MOHAN KARTHA, FLAT NO. 504, AL NOOR BUILDING, AL NUAIMIYA, AJMAN FROM CHELAMATTAM VILLAGE, ERNAKULAM DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER SASIKALA MOHAN, W/O. MOHANAN KARTHA, AGED 63 YEARS, RESIDING AT EDASSERI MADOM, OKKAL P.O, CHELAMATTOM, ERNAKULAM, PIN - 683550
OP(C) NO. 2222 & 2223 OF 2023
2 RAMACHANDRAN VASUDEVAN PILLAI AGED 58 YEARS S/O. VADAKKEDATHU VASUDEVAN PILLAI, RAJASALA VEEDU, THOTTAKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683108
3 SANKAR RAMACHANDRAN AGED 29 YEARS S/O. RAMACHANDRAN VASUDEVAN PILLAI, RAJASALA VEEDU, THOTTAKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT,, PIN - 683108
4 JAYALATHA @ JAYALATHA RAMACHANDRAN RAJASALA VEEDU, THOTTAKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683108
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, ALONG WITH OP(C).2223/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2222 & 2223 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
OP(C) NO. 2223 OF 2023
AGAINST THE ORDER IN I.A.NO.2/2023 IN R.P.NO.17/2020 IN OS NO.37 OF 2015 OF SUB COURT, MAVELIKKARA PETITIONER/RESPONDENT:
AMEER ABDUL AZEES AGED 38 YEARS S/O. ABDUL AZEEZ, VELIAYYATHU HOUSE, KANNAMPALLIL BHAGOM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK ALAPPUZHA, PIN - 690502, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, AJEESHA AMEER, AGED 37 YEARS, W/O. AMEER ABDUL AZEEZ, VELIYAYYATHU, KANNAMPALLI BHAGOM, KAYAMKULAM, ALAPPUZHA DISTRICT,, PIN - 690502
BY ADVS. B.RENJITHKUMAR CLARA SHERIN FRANCIS
RESPONDENTS/PETITIONER:
1 SANKAR RAMACHANDRAN AGED 29 YEARS
S/O. RAMACHANDRAN VASUDEVAN PILLAI, FLAT NO. A5, 1301, FALCON TOWER, AL RESHEEDIA AJMAN, UAE, REPRESENTED BY POWER OF ATTORNEY HOLDER, SARALA GOPINATH, (AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER), VELLOOR HOUSE, AIROOR P.O, KUNNUKARA, ERNAKULAM DISTRICT, PIN - 683108.
OP(C) NO. 2222 & 2223 OF 2023
2 RAMACHANDRAN VASUDEVAN PILLAI AGED 58 YEARS S/O. VADEKKEDATHU VASUDEVAN PILLAI, RAJASALA VEEDU, THOTTAKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683108
3 ARUNKUMAR AGED 34 YEARS MOHAN KARTHA, FLAT NO. 504, AL NOOR BUILDING, AL NUAIMIYA, AJMAN, PIN - 610001
4 JAYALATHA RAMACHANDRAN FLAT NO. A 5 1301, FALCON TOWER, AL RESHEEDIA, AJMAN, UAE, PIN - 610001
BY ADVS. SUDEEP ARAVIND PANICKER A.S.DILEEP(K/655/1987) SUSEELA DILEEP(S-1307) K.Y.SUDHEENDRAN(K/000625/1987) SRI.SUDEEP SRI.B.VINOD
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, ALONG WITH OP(C).2222/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2222 & 2223 OF 2023
J U D G M E N T
These original petitions have been filed challenging Ext.P11
common order passed in I.A.No.1 of 2022 & I.A.No.6 of 2022 and I.A.No.2 of 2023 in R.P.No17 of 2020 in O.S.No.37 of 2015
on the files of the Sub Court, Mavelikkara (for short 'the trial court').
1st defendant by way of substituted service through paper publication. The trial court allowed those I.As as per Ext.P11 order. It is under challenge in these original petitions.
for the petitioner, Sri.Sudeep, the learned counsel for the respondents 1 and 4 and Sri.B.Vinod, the learned counsel for the
OP(C) NO. 2222 & 2223 OF 2023
3rd respondent.
I find no merit in these original petitions. Accordingly,
these original petitions are dismissed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 2222 & 2223 OF 2023
APPENDIX OF OP(C) 2222/2023
PETITIONER EXHIBITS
| EXHIBIT-P1 | TRUE COPY OF THE PLAINT IN OS NO. |
|---|---|
| 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA |
|
| EXHIBIT-P2 | TRUE COPY OF THE JUDGMENT DATED 7.8.2018 IN OS NO. 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA |
| EXHIBIT-P3 | TRUE COPY OF THE PETITION IN IA NO. 6/2022 FILED BY THE 1ST RESPONDENT FOR SETTING ASIDE EXT.P2 JUDGMENT |
| EXHIBIT-P4 | TRUE COPY OF THE OBJECTION TO EXT.P3 FILED BY THE PETITIONER DATED 8.11.2022 |
| EXHIBIT-P5 | TRUE COPY OF THE FIR DATED 2.7.2013 IN CRIME NO. 1435/2013 OF KAYAMKULAM POLICE STATION |
| EXHIBIT-P6 | TRUE COPY OF THE COMPLAINT IN CC NO. 322/2019 DATED 4.8.2013 IN THE FILE OF JFCM-I, KAYAMKULAM |
| EXHIBIT-P7 | TRUE COPY OF THE COMPLAINT IN CC NO. 306/2019 DATED 4.8.2013 IN THE FILE OF JFCM-I, KAYAMKULAM |
| EXHIBIT-P8 | TRUE COPY OF THE SAID E.P NO. 68/2019 DATED 3.5.2019 BEFORE THE SUB COURT, PARAVUR |
| EXHIBIT-P9 | TRUE COPY OF THE PETITION IN IA NO. 1/2022 IN OS 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA |
| EXHIBIT-P10 | TRUE COPY OF THE OBJECTION DATED 8.11.2022 FILED BY THE PETITIONER |
| EXHIBIT-P11 | TRUE COPY OF THE ORDER DATED 22.8.2023 IN IA NO. 1/2022 IN IA NO. 6/2022 IN OS |
| NO. 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA |
OP(C) NO. 2222 & 2223 OF 2023
EXHIBIT-P12 TRUE COPY OF THE POWER OF ATTORNEY DATED 13.10.2023
OP(C) NO. 2222 & 2223 OF 2023
APPENDIX OF OP(C) 2223/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE PLAINT IN OS NO. 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA
EXHIBIT-P2 TRUE COPY OF THE JUDGMENT DATED 7.8.2018 IN OS 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA EXHIBIT -P3 TRUE COPY OF THE PETITION IN RP NO. 17/2020 FOR SETTING ASIDE EXT.P2 JUDGMENT EXHIBIT-P4 TRUE COPY OF THE OBJECTIONS TO EXT.P3 FILED BY THE PETITIONER DATED 26.7.2023 EXHIBIT-P5 TRUE COPY OF THE FIR DATED 2.7.2013 IN CRIME NO. 1435/2013 OF KAYAMKULAM POLICE STATION EXHIBIT-P6 TRUE COPY OF THE COMPLAINT IN CC NO. 322/2019 DATED 4.8.2013 IN THE FILE OF JFCM-I, KAYAMKULAM EXHIBIT-P7 TRUE COPY OF THE COMPLAINT IN CC NO. 306/2019 DATED 4.8.2013 IN THE FILE OF JFCM-I, KAYMAKULAM EXHIBIT-P8 TRUE COPY OF THE E.P NO. 68/2019 DATED 3.5.2019 IN THE FILE OF SUB COURT, PARAVUR EXHIBIT-P9 TRUE COPY OF THE PETITION IN IA NO. 2/2023 IN OS 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA EXHIBIT-P10 TRUE COPY OF THE OBJECTION DATED 26.7.2023 FILED BY THE PETITIONER
OP(C) NO. 2222 & 2223 OF 2023
EXHIBIT-P11 TRUE COPY OF THE ORDER DATED 22.8.2023 IN RP 17/2020 IN OS 37/2015 IN THE FILE OF SUB COURT, MAVELIKKARA EXHIBIT-P12 TRUE COPY OF THE POWER OF ATTORNEY DATED 13.10.2023
2 issues framed by the court
Whether the trial court could effect service of summons on the first defendant despite the party being a close relative of the remaining defendants.
Whether there was any merit in the original petitions filed denying the necessity of substituted service by paper publication.
AMEER ABDUL AZEES
ARUNKUMAR
RAMACHANDRAN VASUDEVAN PILLAI
SANKAR RAMACHANDRAN
JAYALATHA @ JAYALATHA RAMACHANDRAN
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
