Choice Gardens Apartment Owners ... vs Johny George
2021 Latest Caselaw 596 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        OP(C).No.1845 OF 2020

AGAINST THE ORDER DATED 13.02.2020 IN IA 4/2020 in OS 1425/2015
             of I ADDL. MUNSIFF'S COURT, ERNAKULAM

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PETITIONER/PLAINTIFF:

             CHOICE GARDENS APARTMENT OWNERS ASSOCIATION,
             (REGD. NO.ER-59/96) TOC H NAGAR, VYTTILA P.O.,
             KOCHI-682019, ERNAKULAM DISTRICT, REPRESENTED BY
             ITS SECRETARY, DHARMESH SHAH, AGED 47 YEARS, S/O.
             HARISH P. SHAH, RESIDING AT B-2, CHOICE GARDENS',
             VYTTILA, PIN-682019.

             BY ADVS.
             SRI.REJI GEORGE
             SRI.BINOY DAVIS
             SRI.RAMU RAJENDRAN

RESPONDENT/DEFENDANT:

             JOHNY GEORGE
             AGED 72 YEARS
             S/O. P.T. GEORGE, C-23, CHOICE GARDENS, TOC-H
             NAGAR, VYTTILA, KOCHI-682019.

             R1 BY ADV. SRI.SREELAL N.WARRIER

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                 O. P. (C) No.1845 of 2020
           ==================
           Dated this the 7th day of January, 2021

                              JUDGMENT

The request of the petitioner-plaintiff for

permission to examine a witness in the suit was rejected by the trial court, against which this

original petition.

2. Heard Sri.Reji George, on behalf of the

petitioner-plaintiff and Advocate Sri.Sreelal

Warrier, learned counsel for the respondent.

3. The suit is one for recovery of money. The

trial of the suit commenced and PWs.1 and 2 have

been examined. The suit stands posted for evidence

of PW3. While so, the plaintiff felt the necessity

to examine yet another witness viz. the treasurer

of the plaintiff's association and made the

request. The application was turned down by the

trial court stating that sufficient opportunity was

afforded to the petitioner-plaintiff to adduce

necessary evidence. Learned counsel Sri.Sreelal

Warrier attempts to support the impugned order O. P. (C) No.1845 of 2020 :- 2 :-

suggesting that the attempt of the petitioner is

only to protract the proceedings.

4. As noticed, the suit is one for recovery of

money which is claimed to be arrears of maintenance

and other charges. In the nature of the claim made,

the plaintiff would only be eager to have the suit

disposed of at the earliest. The trial in the suit

is going on and the plaintiff's evidence is not yet

over. Permitting one more witness to be examined on

the side of the plaintiff would not in any way

protract or delay the trial. I am of the view that

the application could be allowed.

5. In the result, the impugned order is set

aside. IA 4/2020 will stand allowed. The plaintiff

shall be permitted to examine the witness as sought

for in the said application.

Original petition is allowed as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.1845 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BYE LAWS OF THE PETITIONER ASSOCIATION.

EXHIBIT P2 A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER/PLAINTIFF IN OS NO.1425/2015 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT/DEFENDANT IN OS NO.1425/2015 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P4              A TRUE COPY OF THE LIST OF WITNESS DATED
                        31/01/2020        FILED       BY       THE

PETITIONER/PLAINTIFF IN OS NO.1425/2015 ON THE FILEW OF THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P5 A TRUE COPY OF THE LIST OF ADDITIONAL WITNESS DATED 12/02/2020 FILED BY THE PETITIONER/PLAINTIFF IN OS NO.1425/2015 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P6              A TRUE COPY OF IA NO.4/2020 IN OS
                        NO.1425/2015       FILED       BY      THE
                        PETITIONER/PLAINTIFF    BEFORE    THE  1ST

ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P7 A TRUE COPY OF ORDER DATED 13/02/2020 PASSED BY THE FIRST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM IN EXT.P6 APPLICATION.

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