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Kerala High Court
Gracykutty.S.K vs Benny.S.K on 21 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
OP(C) NO. 1030 OF 2024
AGAINST THE ORDER DATED 01.04.2024 IN IA 15/2024 IN OS NO.9 OF
2019 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL COURT
(KALPETTA), SULTHANBATHERY
PETITIONERS/PETITIONERS/PLAINTIFF:
1 GRACYKUTTY.S.K
AGED 53 YEARS, DAUGHTER OF SALOMI MATHEW, KAKKUNAYIL
HOUSE, MENONPOTTI, EDAKKARA.P.O, EDAKKARA VILLAGE,
NILAMBUR TALUK MALAPPURAM., PIN - 673591
2 MERCY.S.K,
AGED 51 YEARS DAUGHTER OF SALOMI MATHEW, SALOM HOUSE
KRISHNAGIRI AMSOM, CHEENGERI DESAM, MEENANGADI.P.O,
SULTHAR BATHERI TALUK, WAYNAD DISTRICT., PIN - 673591
3 SOOSY.S.K,
AGED 49 YEARS DAUGHTER OF SALOMI MATHEW, 'KRIPA
BHAVAN' TC 10/372 NEAR GOVERNMENT PRESS, MANNANTHALA,
THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM
DISTRICT., PIN - 695015
4 BETHSALY.S.K,
AGED 45 YEARS DAUGHTER OF SALOMI MATHEW, 'SALEM
HOUSE', RESIDING AT: CHEERANKUNNU, PURAKKADI
MEENANGADI.P.O, SULTHAN BATHERI TALUK, WAYNAD
DISTRICT. VILLAGE,, PIN - 673592
BY ADVS. P.B.PRADEEP VISHNU PRADEEP
RESPONDENT/RESPONDENT/DEFENDANT:
BENNY.S.K,
AGED 49 YEARS, SON OF SALOMI MATHEW, SALOM HOUSE,
BANGALORE SOUTH CHURCH (CROSS-57), 1ST FLOOR, 6TH
CROSS PAYI-LAYOUT, HOOLIMAVU MAIN ROAD, BANGALORE,
KARNATAKA., PIN - 560076
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) 1030/2024
-2-
JUDGMENT
(Dated this the 21st day of May 2024) The petitioners are the plaintiffs in O.S No.9/2019 on the file of the Sub Court, Sulthanbathery (for short, 'the Trial Court'). The trial of the suit has already been commenced. After the evidence was closed, the plaintiffs filed Ext.P3 petition to reopen the evidence to produce and mark two documents. The said application was dismissed for default as per Ext.P6 order. It is challenging the said order the petitioners preferred this Original Petition before this Court.
Ext.P3 application was dismissed for default. There was no decision on merit. Hence, this Original Petition is OP(C) 1030/2024 -3- disposed of with a direction to the Trial Court to consider Ext.P3 on merits and pass appropriate orders in accordance with law.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE JS OP(C) 1030/2024 -4- APPENDIX OF OP(C) 1030/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PLAINT IN O.S.NO. 9 OF 2019 IN THE COURT OF MUNSIFF SULTHAN BETTARRY DATED:11- 02-2019 Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 9 OF 2019 IN THE COURT OF MUNSIFF SULTHAN BETTARRY FILED BY THE RESPONDENT/DEFENDANT DATED:4.7.2019 Exhibit -P3 TRUE COPY OF THE APPLICATION IN I.A.NO.15 OF 2024 IN O.S.NO.9/2019 IN THE COURT OF MUNSIFF SULTHAN BETTERRY TO RE-OPEN THE EVIDENCE FILED BY THE PLAINTIFF DATED 18.3.2024 Exhibit -P4 TRUE COPY OF THE DOCUMENT EVIDENCING DATE OF MUTATION AND PAYMENT OF TAX OBTAINED BY RTI DATED 15/3/2024 Exhibit-P 5 TRUE COPY OF THE JUDGEMENT PASSED BY SESSIONS JUDGE, KALPETTA IN CRL.A. NO.54/2019 DATED 30.11.2021 Exhibit-P6 TRUE COPY OF THE IMPUGNED ORDER IN IA 15/2024 IN OS NO. 9/2019 IN SUB COURT SULTHANBATHERI DATED.01- 04-2024