Hareendran K.K vs Somarajan
2021 Latest Caselaw 13532 Ker

   OP(C).685/20                        1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         OP(C) NO. 685 OF 2020
        AGAINST THE ORDER/JUDGMENT IN OS 277/2016 OF MUNSIFF
                      COURT,CHENGANNUR, ALAPPUZHA
PETITIONER/S:

         1   HAREENDRAN K.K
             AGED 65 YEARS
             KANNANKARA MELETHIL VEETTIL,
             KARAKKADUMURI,MULAKUZHA VILLAGE,
             CHENGANNUR,ALAPPUZHA DISTRICT-689505.

         2   SHYAMALA,
             AGED 61 YEARS
             KANNANKAR MELETHIL VEETTIL,KARAKKADU
             MURI,MULAKUZHA VILLAGE-689505.CHENGANNUR,
             ALAPPUZHA DISTRICT-689505.

             BY ADVS.
             RINNY STEPHEN CHAMAPARAMPIL
             SMT.ASHA ELIZABETH MATHEW



RESPONDENT/S:

    1        SOMARAJAN
             AGED 59 YEARS
             KOKKUNNIL HOUSE,KARAKKADU MURI,
             CHENGANNUR,ALAPPUZHA DISTRICT-689505.

    2        MOHANAN PILLAI,
             AGED 50 YEARS
             S/O PADMANABHA PILLAI,IKKARAPUTHAN HOUSE,KARAKKADU
             MURI,MULAKUZHA VILLAGE,CHENGANNUR,ALAPPUZHA
             DISTRICT-689505.


    THIS      OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     OP(C).685/20                            2




                                  V.G.ARUN, J.
                   -----------------------------------------------
                           O.P(C).No.685 of 2020
                   -----------------------------------------------
                   Dated this the 1st day of July, 2021

                                   JUDGMENT

Petitioners are plaintiffs in O.S.No.277 of 2016 pending on the

files of the Munsiff's Court, Chengannur. The prayer in the suit is for a

decree of injunction restraining the defendants from trespassing into

the plaint schedule items 1 and 2 properties and cutting open a new

way through it and committing mischief. As a counterblast to Exhibit

P1 suit, the 1st respondent herein, who is the 1st defendant in

O.S.No.277 of 2016, filed O.S.No.306 of 2016 claiming right of

easement by prescription over the plaint schedule properties. Both

the suits were listed for joint trial. In the meanwhile the 1 st defendant

had died. The petitioners filed applications for impleading the legal

heirs of the deceased 1st defendant along with applications for

setting aside the abatement and for condonation of delay of 601

days. By the orders impugned in this original petition, the trial court

dismissed the applications by a single line order.

2. Even though notice was served on the counsel appearing for

the respondents before the trial court, there is no appearance on

their behalf.

3. I find substantial force in the contention urged by the learned

counsel for the petitioners that absolutely no reason has been stated

by the trial court while dismissing the petitions. The cryptic manner

in which the orders are passed leaves this Court with no option but to

set aside the orders. The requirement of indicating reasons has been

judicially recognised as imperative and needs no reiteration.

The original petition is hence allowed. Exhibits P10 to P12

orders passed by the Munsiff's Court, Chengannur in I.A.Nos.1, 2 and

3 of 2020 in O.S.No.277 of 2016 are set aside. The trial court is

directed to pass reasoned orders on I.A.Nos.1, 2 and 3 of 2020 in

O.S.No.277 of 2016 within one month of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF OP(C) 685/2020 PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.277/2016 OF THE MUNSIFF'S COURT,CHENGANNUR.

EXHIBIT P2 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM SREEVEDA NURSING HOME,KOZHENCHERY

EXHIBIT P3 A TRUE COPY OF THE PRESCRIPTION DATED 22/08/2019 ISSUED FROM THE CENTURY HOSPITAL,CHENGANNUR

EXHIBIT P4 A TRUE COPY OF THE PRESCRIPTION ISSUED TO THE 1ST PETITIONER FROM DR.REJI'S NEURO CLINIC,THIRUVALLA

EXHIBIT P5 A TRUE COPY OF THE PRESCRIPTION ISSUED TO THE 1ST PETITIONER BY DR.NO.JAYASANKAR OF DISTRICT HOSPITAL.

EXHIBIT P6 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM ST.GREGORIOUS MEDICAL MISSION HOSPITAL,PARUMALA

EXHIBIT P7 A TRUE COPY OF I.A.NO.1/2020 IN O.S.NO.277/2016

EXHIBIT P8 A TRUE COPY OF I.A.NO.1/2020 IN O.S.NO.277/2016 A

EXHIBIT P9 A TRUE COPY OF I.A.NO.2/2020 IN O.S.NO.277/2016 A

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.1/2020 IN O.S.NO.277/2016

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.2/2020 IN O.S.NO.277/2016

EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.3/2020 IN O.S.NO.2877/2016.