Kerala High Court
Ajithkumar vs Sunitha Devi on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP(C).No.1982 OF 2020
OS 374/2017 OF MUNSIFF'S COURT, CHANGANACHERRY
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PETITIONER:
AJITHKUMAR
AGED 66 YEARS
S/O.SUKUMARA PANICKER, RESIDING AT KARIMUTTATHU
CHEMPUMPURATHU HOUSE,
MADAPPALLY MURI, MADAPPALLY VILLAGE, CHANGANASSERY,
KOTTAYAM DISTRICT - 686 546,
REPRESENTED BY HIS POWER OF ATTORNEY, JOSEPH P.A.,
65 YEARS, S/O.ANTHONY, PRAKUZHI VEETTIL,
MAMOOD POST, MADAPALLY VILLAGE, CHANGANASSERY,
KOTTAYAM DISTRICT 686 546.
BY ADV. SRI.K.SHAJ
RESPONDENTS:
1 SUNITHA DEVI
AGED 54 YEARS
W/O.DEVI DAYAL, SAVIDHAM, POONITHURA P.O.,
PETTAH, ERNAKULAM DISTRICT 682 038.
2 RAJENDRA PANICKER
AGED ABOUT 68 YEARS, S/O.SUKUMAR PANICKER,
RESIDING AT ASWATHI HOUSE, PUZHAVATHU KARA,
CHANGANACHERRY VILLAGE - 686 101.
3 SOBHANA,
AGED 62 YEARS
D/O.RADHAMMA, RESIDING AT LATHI NIVAS,
MADAPPALLY MURI, MADAPALLY VILLAGE,
CHANGANACHERRY TALUK- 686 546.
R1-3 BY ADV. SRI.SANTHEEP ANKARATH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1982 of 2020
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Dated this the 28th day of January, 2021
JUDGMENT
The dismissal of an application filed by the
petitioner seeking to get himself impleaded in OS
374/2017 pending on the files of the Munsiff's
Court, Changanacherry, is under challenge in this
original petition.
2. The suit O.S.374/2017 is being tried along
with OS 372/2017 wherein the petitioner is one of
the defendants. The petitioner is not a party in OS
374/2017 and accordingly seeks to get impleaded in
the suit.
3. Learned counsel Sri.Santheep Ankarath
appearing on behalf of the respondent submits that
the respondents have no objection in the petitioner
being impleaded in the suit.
4. It appears that dispute involved in both the
suits is regarding a right of way. As noticed, the
suits are being jointly tried. No prejudice will be
caused if the petitioner, who is a party in one of
O. P. (C) No.1982 of 2020
the suits, is impleaded in the other suit also.
Accordingly, the original petition is allowed.
The order impugned is set aside. The application IA
8/2020 will stand allowed and the petitioner will
stand impleaded as additional third defendant in OS
374/2017. This Court had, in O.P.3430/2018 directed
that OS 372/2017 be disposed of within a period of
eight months. The period has been extended
thereafter for a period of six months, on request.
The period expires by the end of January 2021. In
view of the above, it is ordered that the
additional defendant shall file written statement
on or before 15.02.2021 and the trial court shall
make every endeavour to have the suit tried and
disposed of before the court closes for summer
vacation 2021.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1982 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE PLAINT IN
O.S.NO.374/2017 ON THE FILES OF THE HON'BLE
MUNSIFF'S COURT, CHANGANASSERY FILED BY THE
PETITIONER.
EXHIBIT P3 THE TRUE COPY OF I.A.NO.8/2020 IN
O.S.NO.374/2017 ON THE FILE OF THE MUNSIFF'S
COURT, CHANGANACHERRY FILED BY THE
PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 30.11.2020
OF THE MUNSIFF'S COURT, CHANGANACHERRY.
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