Kerala High Court
O.K. Abdul Salam vs C.D.B. 24 Carret Gold And Diamonds ... on 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
OP(C).No.1529 OF 2020
AGAINST THE ORDER DATED 29-09-2020 IN I.A.04/2020 IN O.S. 118/2019
OF MUNSIFF COURT, NADAPURAM
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PETITIONERS/PETITIONERS IN I.A./DEFENDATNS IN O.S.:
1 O.K. ABDUL SALAM,
AGED 58 YEARS
S/O.AMMED HAJI, OTHAYOTH HOUSE, KUTTIYADI AMSOM,
THONDIPOYIL DESOM, VATAKARA TALUK,
KOZHIKODE-673101.
2 O.K.SAFIYA,
AGED 54 YEARS
D/O.AMMED HAJI, OTHAYOTH HOUSE, KUTTIYADI AMSOM,
THONDIPOYIL DESOM, VATAKARA TALUK,
KOZHIKODE-673101.
3 O.K.KUNHABDULLA,
AGED 65 YEARS
S/O.AMMED HAJI, OTHAYOTH HOUSE, KUTTIYADI AMSOM,
THONDIPOYIL DESOM, VATAKARA TALUK, KOZHIKODE-673101.
BY ADVS.
SRI.B.KRISHNAN
SHRI.R.PARTHASARATHY
RESPONDENTS/RESPONDENTS IN I.A./PLAINTIFFS IN O.S.:
1 C.D.B. 24 CARRET GOLD AND DIAMONDS PVT.LTD.
REGD. OFFICE 17/504 F4, SHAHARA PLAZA,
MAVOOR ROAD, KOZHIKODE-673004.
OP(C).No.1529 OF 2020 -2-
2 C.D.BOBBY,
AGED 54 YEARS
S/O.DEASSIAKUTTY, JAYANTHI NAGAR COLONY,
CHAIRMAN AND MANAGING DIRECTOR,
CDB 24 CARRET GOLD AND DIAMONDS PVT.LTD.
17/504, F4, SHARARA PLAZA, MAVOOR ROAD,
KOZHIKODE-673004.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1529 of 2020
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Dated this the 27th day of January, 2021
JUDGMENT
The application filed by the petitioners-
defendants seeking issuance of a commission was
dismissed by the trial court, against which this
original petition has been filed.
2. The suit is one for recovery of money. The
defendants raised a counter claim for damages
caused to the building taken on rent by the
plaintiff from the defendants. It is to assess the
damages allegedly caused, that the defendants
sought issuance of a commission. Without having the
damages assessed, there is no point in pursuing the
counter claim. The request is only to be granted.
3. In the result, this original petition is
allowed. The order in IA 4/2020 will stand set
aside and the application will stand allowed.
4. It is submitted by the learned counsel for
the petitioners-defendants that a Commissioner had
earlier inspected the premises though for a
O. P. (C) No.1529 of 2020
different purpose. If that be so, preferably the
same Commissioner may be deputed for inspection, if
he is available.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1529 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER IN I.A.NO.04/2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM DATED 29.09.2020.
EXHIBIT P2 TRUE COPY OF PETITION FOR ISSUE OF
COMMISSION FILED AS I.A.NO.04/2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM.
EXHIBIT P3 TRUE COPY OF STATEMENT FILED BY PLAINTIFF
OPPOSING THE I.A.NO.04/2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM.
EXHIBIT P4 TRUE COPY OF THE PLAIT IN O.S.NO.118/2019
BEFORE THE MUNSIFF COURT, NADAPURAM.
EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
1ST DEFENDANT DATED 17.01.2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM.
EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
2ND DEFENDANT IN O.S.NO.118/2019 BEFORE THE
MUNSIFF COURT, NADAPURAM.
EXHIBIT P7 TRUE COPY OF THE REPLY FILED BY PLAINTIFF TO
COUNTER CLAIM DATED 15.09.2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM.
EXHIBIT P8 TRUE COPY OF WRITTEN SUBMISSIONS DELIVERED
BY DEFENDANTS DATED 16.9.2020 IN
O.S.NO.118/2019 BEFORE THE MUNSIFF COURT,
NADAPURAM.
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