IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(C) NO. 1108 OF 2022
AGAINST THE ORDER/JUDGMENT IN AS 75/2021 OF ADDITIONAL DISTRICT COURT -I,
KOTTAYAM
OS 486/2010 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, KOTTAYAM
PETITIONERS:
1 CARDINAL PADIYARA PUBLIC SCHOOL,
MANIMALA BHAGOM, VADAKARA MURI,
VELLAVOOR VILLAGE,
REPRESENTED BY BASIL JOSEPH, AGED 61 YEARS,
S/O JOSEPH, PADIYARA HOUSE,
MANIMALA BHAGOM, VADAKARA MURI,
VELLAVOOR VILLAGE.- 686541.,
2 BASIL JOSEPH,
AGED 61 YEARS,
S/O JOSEPH, PADIYARA HOUSE,
MANIMALA BHAGOM, VADAKARA MURI,
VELLAVOOR VILLAGE. PIN - 686541
BY ADV SERGI JOSEPH THOMAS
RESPONDENT:
JOHN PAUL
AGED 48 YEARS,
S/O PAUL J ALUMKAL, ALUMKAL HOUSE,
NEDUMANNY BHAGAOM, KANGAZHA KARA,
KANGAZHA VILLAGE.- 686542
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1108 of 2022
2
JUDGMENT
Dated this the 07th day of July, 2022 The original petition is filed to direct the Court of the Additional District Judge-I, Kottayam, to consider and dispose of I.A.Nos. 1 and 2 of 2021 filed in A.S.No.75 of 2021 within a time frame.
2. Pursuant to the order dated 24.06.2022, passed by this Court, the learned Additional District Judge-I, Kottayam, by communication dated 06.07.2022, has informed this Court that the above applications are filed in the appeal, to condone the delay of 1171 days in filing the appeal and to stay the impugned decree. Initially, the petitioners had not taken steps to effect service of notice on the respondent. Later, on 16.06.2022, the Appellate Court had directed the petitioners to take steps. Now, steps O.P.(C)No.1108 of 2022 3 have been taken and notice has been served on the respondent. The case now stands posted to 01.08.2022. However, the court below is prepared to dispose of the above applications within a period of one month from the date of appearance of the parties.
3. Heard; Sri.Sergi Joseph Thomas, the learned counsel appearing for the petitioners and Sri.John Paul, the party-in-person - the respondent.
4. In the light of the pleadings and the materials on record and the above mentioned communication of the learned District Judge, Kottayam, in exercise of the supervisory powers of this Court, under Article 227 of the Constitution of India, I direct the Court of the Additional District Judge-I, Kottayam, to advance the hearing date and call I.A.Nos. 1 and 2 of 2021 in A.S.No.75 of 2021 on 25.07.2022 at 11.00 a.m. The respondent has undertaken to be present before the court below. The court below shall give the respondent O.P.(C)No.1108 of 2022 4 an opportunity to file his counter statements to the above applications. Thereafter, the court below shall consider and dispose of I.A.Nos. 1 and 2 of 2021 in A.S.No.75 of 2021, in accordance with law, after affording both the petitioners and the respondent, an opportunity of being heard, as expeditiously as possible at any rate on or before 12.08.2022. Until such time orders are passed on the above applications, all further proceedings in F.D.A. No.1517/2018 in O.S.No.486/2010 of the Court of the Principal Subordinate Judge, Kottayam, shall stand deferred.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS Judge NR/07/07/2022 O.P.(C)No.1108 of 2022 5 APPENDIX PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31/07/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P2 TRUE COPY OF F.D.A. NO.1517/2018 IN O.S. NO.
486/2010 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P3 TRUE COPY OF A.S. NO. 75/2021 PENDING BEFORE THE DISTRICT COURT, KOTTAYAM Exhibit P4 TRUE COPY OF I.A. NO.1/2021 IN A.S. NO. 75/2021 ON THE FILES OF THE DISTRICT COURT, KOTTAYAM Exhibit P5 TRUE COPY OF I.A. NO.2/2021 IN A.S. NO. 75/2021 ON THE FILES OF THE DISTRICT COURT, KOTTAYAM Exhibit P6 TRUE COPY OF THE APPLICATION DATED 16/12/2021 SUBMITTED BY THE PETITIONERS BEFORE THE SUB COURT, KOTTAYAM Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24/01/2022 IN O.P. (C) NO. 2339 OF 2021 Exhibit P8 TRUE COPY OF THE ORDER DATED 09/03/2022 IN F.D.A. NO. 1517/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P9 TRUE COPY OF THE COMMISSION ORDER DATED 02/06/2022 IN F.D.A. NO. 1517/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM