Shajan vs Shaju
2021 Latest Caselaw 757 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 8TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      OP(C).No.119 OF 2019

 IN THE MATTER OF ORDER IN IA 2629/2018 DATED IN AS 14/2017 OF
              PRINCIPAL DISTRICT COURT, KOZHIKODE

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PETITIONER/PETITIONER/APPELLANT:

             SHAJAN
             AGED 41 YEARS
             S/O. KURIAN, PANACHAYIL HOUSE, ENGPUZHA,
             PUTHUPPDY AMSOM, DESOM, KAITHAPPOIL P.O,
             PIN-673586, KOZHIKODE TALUK, KOZHIKODE DISTRICT.

             BY ADVS.
             SRI.P.T.MOHANKUMAR
             SRI.SHYAM PADMAN
             SRI.C.M.ANDREWS
             SMT.BOBY M.SEKHAR
             KUM.LAYA MARY JOSEPH

RESPONDENTS/RESPONDENTS/RESPONDENTS:

      1      SHAJU, AGED 34 YEARS,
             S/O. JOBE, BANK EMPLOYEE, RESIDING AT
             CHORIKAVANAKAL HOUSE, PUTHUPPADI AMSOM, DESOM,P.O-
             PUTHUPADY - 673586,
             KOZHIKODE TALUK.

      2      JOBE, AGED 67 YEARS,
             (FATHER'S NAME NOT KNOWN), RESIDING AT
             CHORIKAVANAKAL HOUSE, PUTHUPPADI AMSOM, DESOM, P.O
             - PUTHUPADY-673586, KOZHIKODE TALUK.

             R1-2 BY ADV. SRI.SAJAN VARGHEESE K.
             R1-2 BY ADV. SRI.LIJU. M.P
             R1-2 BY ADV. SRI.JOPHY POTHEN KANDANKARY

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                  O.P.(C) No.119 of 2019
           ==================
           Dated this the 8th day of January, 2021

                               JUDGMENT

The request of the petitioner for a joint

hearing of AS 157/2017 with AS 14/2017 pending before the District Court, Kozhikode, was turned

down as per order impugned.

2. AS 14/2017 arises from OS 426/2013 of the

Principal Munsiff's Court, Kozhikode, and AS

157/2017 arises from OS 124/2015 of the Second

Additional Sub Court, Kozhikode. OS 426/2013 was

filed by the first respondent herein for recovery

of money and OS 124/2015 was filed by the

petitioner for damages. The cause of action for

both the suits have stemmed out of an agreement

executed between the petitioner and the first

respondent. The mere fact that the suits were not

jointly tried, is not a reason to dis-allow a joint

consideration of the appeals. Right to the suits

having arisen under the very same agreement, a

joint consideration of both the appeals is only O.P.(C) No.119 of 2019 :- 2 :-

just and proper.

In the result, this original petition is

allowed. AS 157/2017 pending on the files of the

Third Additional District Court, Kozhikode, will

stand withdrawn and transferred to the Principal

District Court, Kozhikode to be heard along with AS

14/2017.

SATHISH NINAN JUDGE

kns/-

OP(C).No.119 OF 2019

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT, IN O.S.426/2013 DATED 31/10/2016.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.S.124/2015 DATED 10/03/2017.

EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL AGAINST EXHIBIT P-1 JUDGMENT.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED AGAINST EXHIBIT P-2 JUDGMENT.

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