Devaki Sreedharan vs Babu
2021 Latest Caselaw 15293 Ker

Citation : 2021 Latest Caselaw 15293 Ker
Judgement Date : 22 July, 2021

Kerala High Court

Devaki Sreedharan vs Babu on 22 July, 2021

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                          OP(C) NO. 729 OF 2021
    AGAINST THE ORDER IN I.A No.4/2020 IN OS 55/2019 OF ADDITIONAL SUB
                      COURT,NORTH PARAVUR, ERNAKULAM
PETITIONER/S:
     1     DEVAKI SREEDHARAN
           AGED 81 YEARS
           W/O. LATE SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
           KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683
           519
     2     UDAYAN,
           S/O. SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
           KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683
           519
     3     VISWANATHAN,
           S/O. SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
           KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683
           519
           BY ADV N.P.PRAJEESH


RESPONDENT/S:

1            BABU
             S/O. AYYAPPAN, MADATHUMPADICKAL HOUSE, VALLUVALLI,
             KOONAMMAVU P.O, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-
             683 518
2            MADATHUMPADIKKAL KUDUMBA KSHETHRAM,(DELETED)
             KOTTUVALLY KARA, KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM
             DISTRICT, PIN-683 519, REP BY.SRI.VENU FORMER PRESIDENT.
             **(THE SECOND RESPONDENT IS DELETED FROM THE ARRAY OF
             PARTIES AT THE PETITIONER'S RISK VIDE ORDER DATED
             20.7.2021 IN OP(C) 729 OF 2021)
             BY ADV R.DIVAKARAN

OTHER PRESENT:
           SRI.R.DIVAKARAN


       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 729 OF 2021
                                   2



                               JUDGMENT

Dated this the 22nd day of July, 2021

Petitioners are the defendants in OS No. 55 of 2019 pending on

the files of the Sub Court, North Paravur. The petitioners are

aggrieved by Ext.P9 order by which the trial court refused to

consider the question of maintainability of the suit as a preliminary

issue. It is submitted by the learned counsel for the petitioner that,

even though the challenge in this original petition is against Ext.P9

order, for the present, the petitioners will be satisfied if the trial

court is directed to consider the question of maintainability

elaborately at the stage of final hearing. The further request is that

the trial court may be directed to dispose the suit expeditiously.

2.Learned counsel for the respondent submits that he has no

objection to the suit being directed to be disposed of expeditiously,

but that should not deter the trial court from considering the

applications for violation of injunction filed by the respondent.

3.The original petition is hence disposed of, directing the Court

below to consider the question of maintainability in detail at the OP(C) NO. 729 OF 2021

stage of final hearing and to take earnest efforts to dispose the

original suit expeditiously. It is made clear that the direction to

dispose the suit expeditiously shall not stand in the way of the Court

considering the application for violation of injunction filed by the

respondent and passing appropriate orders thereon.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 729 OF 2021

APPENDIX OF OP(C) 729/2021

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE PLAINT IN O.S. NO. 181/2001 ON THE FILE OF THE SUB COURT, NORTH PARAVUR.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 30.09.2006 IN O.S NO. 181/2001 PASSED BY THE ADDL. SUB COURT, NORTH PARAVUR.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 29.02.2016 IN A.S. NO. 43/2012 PASSED BY THE ADDL. DISTRICT JUDGE II, NORTH PARAVUR.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.07.2019 IN RSA NO. 860/2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 PHOTOCOPY OF THE PLAINT IN O.S.NO. 55/2019 ON THE FILE OF THE SUB COURT, NORTH PARAVUR.

EXHIBIT P6 PHOTOCOPY OF THE INTERLOCUTORY APPLICATION NO.

4/2020 IN O.S NO. 55/2019 DATED 10.03.2020 FILED BEFORE THE SUB COOURT, NORTH PARAVUR.

EXHIBIT P7 PHOTOCOPY OF THE COUNTER AFFIDAVIT IN I.A.NO.

4/2020 IN OSNO. 55/2019 DATED 02.07.2020 FILED BEFORE THE SUB COURT, NORTH PARAVUR.

EXHIBIT P8 PHOTOCOPY OF THE ARGUMENT NOTES IN I.ANO.

4/2020 IN OS NO. 55/2019 DATED 17.09.2020 FILED BEFORE THE SUB COURT, NORTH PARAVUR.

EXHIBIT P9 CERTIFIED COPY OF THE ORDER IN INTERLOCUTORY APPLICATION NO.4/2020 IN O.S.NO. 55/2019 DATED 18.09.2020 PASSED BY THE SUB COURT, NORTH PARAVUR.

RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF THE COMMISSION REPORT IN O.S. NO.

181/2001 DATED 30.07.2001.

Exhibit R1(B) THE TRUE COPY OF THE ORDER IN I.A. NO. OP(C) NO. 729 OF 2021

2038/2019 IN O.S. NO. 55/2019 DATED 29.11.2019.

Exhibit R1(C) THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE STATION HOUSE OFFICER, NORTH PARAVOR POLICE STATION DATED 16.2.2019 Exhibit R1(D) TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE STATION HOUSE OFFICER, NORTH PARAVOOR DATED 18.12.2019.

Exhibit R1(E) THE TRUE COPY OF THE COMMISSION REPORT IN I.A.

NO. 817/2019 IN O.S.NO. 55/2019 ON JUNE 2019.

Exhibit R1(F) THE TRUE COPY OF THE DIRECTION PETITION IN I.A. NO. 1667/2019 IN O.S. NO. 55/2019 DATED 16.08.2019.

Exhibit R1(G) THE TRUE COPY OF THE COMMISSION REPORT IN I.A.

NO. 1667/2019 IN O.S. NO. 55/2019 DATED 01.10.2019.

Exhibit R1(H) THE TRUE COPY OF THE PETITION IN I.A. NO.

7/2020 IN O.S. NO. 55/2019 DATED 22.09.2020.

Exhibit R1(I) THE TRUE COPY COMMISSION APPLICATION IN I.A.

NO. 8/2020 IN O.S. NO. 55/2019 DATED 08.10.2020.

Exhibit R1(J) THE TRUE COPY OF THE COMMISSION REPORT IN I.A.NO. 8/2020 IN O.S. NO. 55/2019 05.11.2020.

Exhibit R1(K) THE TRUE COPY OF THE INJUNCTION PETITION IN I.A. NO. 10/2020 IN O.S. NO. 55/2019 DATED 18.10.2020.

Exhibit R1(L) THE TRUE COPY OF THE ORDER DATED 06.11.2020 IN I.A. NO. 11/2020 IN O.S. NO. 55/2019.