Petitioner challenged the Munsiff Court's order dismissing his suit as not maintainable, but sought withdrawal to file a Regular First Appeal against the consequent judgment. The court allowed withdrawal with liberty to reserve grounds for the first appeal.
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 C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945
OP(C) NO. 2483 OF 2023
AGAINST THE ORDER/JUDGMENT OS 170/2023 OF MUNSIFF COURT,
VADAKKANCHERRY
PETITIONER(S)/RESPONDENT/PLAINTIFF:
K.S.JOSEPH
AGED 30 YEARS
S/O DEVASSYA, KANIYAMKUNNEL HOUSE,
ANJALI GARDEN, PALLIPURAM, PALAKKAD, PIN – 679305
BY ADVS.
SABU GEORGE
P.B.KRISHNAN
B.ANUSREE
P.B.SUBRAMANYAN
MANU VYASAN PETER
DEEPA NOBLE
RESPONDENT(S)/PETITIONER/DEFENDANT:
STATE BANK OF INDIA
THIRUVILWAMALA BRANCH,
REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED
OFFICER, ARMB, R.S BUILDING, M.G.ROAD,
ERNAKULAM, PIN – 682011
BY ADVS.
DEEPA NARAYANAN
T.SETHUMADHAVAN (SR.)(S-310)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16.01.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2483 OF 2023 -2-
JUDGMENT
Learned counsel for the petitioner submits that this Original Petition is preferred against an order of the Munsiff’s Court, Vadakkancherry, which dismissed the petitioner’s suit, O.S.No.170/2023, as not maintainable. Subsequently, it was ascertained as to whether a judgment has been passed, dismissing the suit and it was found that the judgment was also passed on the very same day. In the circumstances, petitioner seeks to challenge the judgment by filing a Regular First Appeal. However, learned counsel seeks to reserve the grounds raised in this original petition to be urged in the first appeal. It will be open for the petitioner to do so, in as much as the judgment is only consequential to the order dismissing the suit as not maintainable.
With the above reservation, this Original Petition will stand dismissed as withdrawn.
Sd/-
C. JAYACHANDRAN
JUDGE
vv
OP(C) NO. 2483 OF 2023 -3-
APPENDIX OF OP(C) 2483/2023
PETITIONER EXHIBITS
EXHIBIT-P1 |
A TRUE COPY OF THE PLAINT DATED 20- |
|---|---|
05-2023 IN O.S NO.170 OF 2023 ON THEFILE OF THE MUNSIFF'S COURT,VADAKKANCHERY |
|
EXHIBIT-P2 |
A TRUE COPY OF I.A NO.2 OF 2023 DATED20-05-2023 IN O.S NO.170 OF 2023 ONTHE FILE OF THE MUNSIFF'S COURT,WADAKKANCHERY |
EXHIBIT-P3 |
A TRUE COPY OF I.A NO.3 OF 2023 DATED20-05-2023 IN O.S NO.170 OF 2023 ONTHE FILE OF THE MUNSIFF'S COURT,VADAKKANCHERY |
EXHIBIT-P4 |
A TRUE COPY OF OBJECTION DATED 06-06-2023 FILED BY THE RESPONDENT IN I.ANO.2 OF 2023 IN O.S NO.170 OF 2023 ONTHE FILE OF THE MUNSIFF'S COURT,VADAKKANCHERY |
EXHIBIT-P5 |
A TRUE COPY OF THE WORK MEMO FILED BYTHE RESPONDENT IN I.A NO.3 OF 2023 INO.S NO.170 OF 2023 ON THE FILE OF THEMUNSIFF'S COURT, VADAKKANCHERY, DATED05-06-2023 |
EXHIBIT-P6 |
A TRUE COPY OF I.A NO.4 OF 2023 DATED06-06-2023 IN O.S NO.170 OF 2023 ONTHE FILE OF THE MUNSIFF'S COURT,VADAKKANCHERY |
EXHIBIT-P7 |
A TRUE COPY OF THE REPORT AND PLANSUBMITTEDBYTHEADVOCATECOMMISSIONER IN I.A NO.3 OF 2023 INO.S NO.170 OF 2023 ON THE FILE OF THEMUNSIFF'S COURT, VADAKKANCHERY, DATED17-06-2023 |
OP(C) NO. 2483 OF 2023 -4-
EXHIBIT-P8A TRUE COPY OF I.A NO.5 OF 2023 IN
O.S NO.170 OF 2023 ON THE FILE OF THE
MUNSIFF'S COURT, VADAKKANCHERY, DATED
31-07-2023
EXHIBIT-P9A TRUE COPY OF THE OBJECTION, DATED
17-08-2023 FILED BY THE PETITIONER TO
I.A NO.4 OF 2023 IN O.S NO.170 OF
2023 ON THE FILE OF THE MUNSIFF'S
COURT, VADAKKANCHERY
EXHIBIT-P10A TRUE COPY OF THE ORDER DATED 07-10-
2023 IN I.A NO.4 OF 2023 IN I.A NO.2
OF 2023 IN O.S NO.170 OF 2023 ON THE
FILE OF THE MUNSIFF'S COURT,
VADAKKANCHERY
K.S.JOSEPH
STATE BANK OF INDIA
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court