Thanka vs Thankamma
2021 Latest Caselaw 2095 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      OP(C).No.1596 OF 2020

      AGAINST THE ORDER DATED 01-07-2020 IN I.A.NO.6/2020 IN
         OS.NO.649/2015 OF MUNSIFF'S COURT,MUVATTUPUZHA

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PETITIONERS/PETITIONERS/DEFANDANTS:

      1      THANKA
             AGED 58 YEARS
             W/O. CHANDRAN, KONNAKKAMALAPPARA HOUSE,
             KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE,
             MUVATTUPUZHA TALUK, ERNAKULAM-686661. (DEFENDANT
             NO.3)

      2      SAJI,
             S/O. KANNAN KUNJAPPAN, KANNEETH HOUSE, VANNAPPURAM
             KARA, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI-
             685581. (DEFENDANT NO.7)

      3      SATHI,
             D/O. KANNAN @ KUNJAPPAN, KANNEETH HOUSE, VANNAPURAM
             KARA, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI-
             685581. (DEFENDANT NO.8)

      4      SANTHA,
             AGED 55 YEARS
             KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM KARA,
             THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK-686661.
             (DEFENDANT NO.9)

      5      AFSAL,
             AGED 55 YEARS
             S/O. NARAYANAN, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
             KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
             686661. (DEFENDANT NO.7)

      6      AJMAL,
             AGED 55 YEARS
             S/O. NARAYANAN, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
             KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
             686661. (DEFENDANT NO.11)
 OP(C).No.1596 OF 2020



       7       AJITHA,
               AGED 55 YEARS
               D/O. NARAYANAN, KADANAKUZHIPARAMBIL HOUSE,
               OLIYAPURAM KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA
               TALUK, PIN-686661.

               BY ADV. SRI.J.G.SYAMNATH


RESPONDENTS/COUNTER PETITIONERS/PLAINTIFFS & DEFENDANTS:


       1       THANKAMMA,
               W/O. SASI, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
               KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
               686661. (PLAINTIFF NO.1)

       2       HEMAND,
               S/O. SASI, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
               KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
               686661. (PLAINTIFF NO.2)

       3       HIMA,
               D/O. SASI, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
               KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
               686661. (PLAINTIFF NO.3)

       4       KUNJAPPAN,
               S/O. THEVAN, ALLUMUGHAM HOUSE, KOOTHATTUKULAM KARA,
               KOOTHATTUKULAM VILLAGE, ERNAKULAM-686662.
               (DEFENDANT NO.1)

       5       NARAYANAN, (DIED)
               S/O. THEVAN, KADANAKUZHIPARAMBIL HOUSE, OLIYAPURAM
               KARA, THIRUMARADI VILLAGE, MUVATTUPUZHA TALUK, PIN-
               686661. (DEFEBNDABT NO.2)

       6       USHA @ AMMINI,
               W/O. RAJAN, MANALAMPLAKIL HOUSE, ACHIKAL COLONY,
               MONIPPALLY KARA, MONIPPALLY VILLAGE, MEENACHIL
               TALUK, KOTTAYAM-686577. (DEFENDANT NO.4)

       7       RADHA,
               W/O. KANNAN @ KUNJAPPAN, KANNEETH HOUSE,
               VANNAPPURAM KARA, VANNAPPURAM VILLAGE, THODUPUZHA
               TALUK, IDUKKI-685581.
               (DEFENDANT NO.5)
 OP(C).No.1596 OF 2020




       8       SATHYAN,
               S/O. KANNAN @ KUNJAPPAN, KANNEETH HOUSE,
               VANNAPPURAM KARA, VANNAPPURAM VILLAGE, THODUPUZHA
               TALUK, IDUKKI-685581.
               (DEFENDANT NO.6)


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                O. P. (C) No.1596 of 2020
          ==================
         Dated this the 19th day of January, 2021

                            JUDGMENT

Order rejecting the application to recall a

witness-PW2, filed by the petitioners-defendants, is under challenge in this original petition.

2. Heard learned counsel on either sides.

3. The counsel appearing for the petitioners-

defendants in the trial court has, in support of

the prayer for recalling PW2, sworn to that, in the

course of examination of PW2 certain relevant

questions were inadvertently and due to his over

sight omitted to be put to the witness.

4. I am of the opinion that the witness could

be recalled but with a rider that no admissions

made by PW2 in his earlier examination shall be

permitted to be withdrawn. Consequent to the

recalling of the witness, if the respondents-

plaintiffs seek for adducing of further evidence on

their side, the same shall be permitted. The

inconvenience caused to the respondents-plaintiffs O. P. (C) No.1596 of 2020

can be compensated by way of costs.

In the result, this original petition is

allowed. The order impugned shall stand set aside

and the application allowed subject to the rider

mentioned above and on condition that the

petitioners pay an amount of `5,000/- as costs to

the counsel appearing for the respondents before

this Court within a period of one week from today.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.1596 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COY OF THE PLAINT IN OS NO.649/2015.

EXHIBIT P2 A TRUE COPY OF THE RECORDED SWORN STATEMENT OF DW2 DATED 23/06/2020.

EXHIBIT P3 A TRUE COPY OF THE IA 6/2020 FILED BY THE PETITIONERS.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 01/07/2020 OF THE MUNSIFF'S COURT, MUVATTUPUZHA IN IA 6/2020.

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