P.D.Manilal vs Radhakrishnan
2021 Latest Caselaw 7175 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       OP(C).No.552 OF 2021


PETITIONERS/APPELLANTS/AGGRIEVED PERSONS:

      1      P.D.MANILAL, AGED 63 YEARS
             S/O.DIVAKARAN,
             RESIDING AT PUTHENPURAYIL HOUSE, R.SAJEEV ROAD,
             PALLURUTHY,
             ERNAKULAM DISTRICT-682 006.

      2      JAGADEESH, AGED 41 YEARS
             S/O.KARTHIKEYAN,
             RESIDING AT KUNNATH HOUSE,
             PIPE LINE ROAD, PALLURUTHY,
             ERNAKULAM DISTRICT-682 006.

             BY ADVS.
             SRI.T.MADHU
             SMT.C.R.SARADAMANI

RESPONDENTS/RESPONDENTS/PLAINTIFFS & DEFENDANTS :

      1      RADHAKRISHNAN, AGED 76 YEARS
             S/O.NARAYANAN,
             RESIDING AT PATTUVEETTIL HOUSE,
             PALLURUTHY, KOCHI-682 006.

      2      GANESH, S/O.CHELLAPPAL,
             RESIDING AT PUNNAKKAPPALLI HOUSE,
             SDPY ROAD, PALLURUTHY,
             KOCHI-682 006.

      3      SREE DHARMA PARIPALANA YOGAM,
             SREENARAYANA NAGAR, PALLURUTHY,
             REPRESENTED BY ITS PRESIDENT,
             PALLURUTHY P.O., KOCHI-682 006.

      4      THE PRESIDENT,
             SREE DHARMA PARIPALANA YOGAM,
             SREE NARAYANA NAGAR,
             PALLURUTHY, KOCHI-682 006.
 OP(C).No.552 OF 2021


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              5        THE SCHOOL MANAGER,
                       SREE DHARMA PARIPALANA YOGAM,
                       SREE NARAYANA NAGAR,
                       PALLURUTHY, KOCHI-682006.

              6        THE DEVASWOM MANAGER,
                       SREE DHARMA PARIPALANA YOGAM,
                       SREE NARAYANA NAGAR,
                       PALLURUTHY, KOCHI-682006.


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.552 OF 2021


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                                                    JUDGMENT

The petitioners herein, who are the appellants in

A.S.No.1/2021 pending before the Sub Court, Kochi. The

appeal was filed with a delay of 1566 days and the delay is

yet to be condoned.

2. This original petition is filed by the petitioners for issue of

direction to the Sub Court, Kochi for simultaneous disposal

of A.S.No.1/2021 along with A.S.No.67/2016. It is

submitted that these two appeals arose out of a common

judgment passed by the Munsiff Court, Kochi in

O.S.Nos.141/2012 & 239/2012 and hence, both proceedings

have to be heard and disposed of together.

3. In the nature of view which I propose to take below, notice

to respondents herein is dispensed with.

4. A.S.No.67/2016 arising from O.S.No.239/2012 is already

pending before the Sub Court, Kochi. A.S.No.1/2021 is a

still born appeal, which is yet to be admitted after delay

being condoned. It is submitted by the learned counsel

appearing for the petitioners that respondents in this

proceedings have already appeared in A.S.No.1/2021 and are

yet to file objection to I.A.No.1/2021.

5. After hearing the learned counsel appearing for the OP(C).No.552 OF 2021

petitioners, I am of the view that a direction for

simultaneous disposal of both the appeals cannot be issued

at present, in as much as, the question as to condonation of

delay is yet to be taken up and decided. Once the delay is

condoned and A.S.No.1/2021 is admitted to file, a request

for issue of direction for simultaneous disposal may be

proper. Such a stage has not arrived. Therefore, the relief

sought in this original petition cannot be granted.

6. However, for ends of justice, it is only fair if Sub Court,

Kochi; on whose files A.S.No.1/2021 is pending, is called

upon to take up I.A.No.1/2021 and decide in accordance

with law at an early date.

7. In the result, the original petition is disposed of, calling

upon the Sub Court, Kochi to take up I.A.No.1/2021 in

A.S.No.1/2021 for urgent consideration and decide it in

accordance with law, after hearing the parties, within a

period of one month from the date of receipt of a certified

copy of this judgment. Once the delay is condoned, the

court below shall see that both the appeals are heard

together and disposed of.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/02/03/2021 OP(C).No.552 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.239/2012 ON THE FILES OF THE LEARNED MUNSIFF'S COURT, KOCHI.

EXHIBIT P2 THE TRUE COPY OF THE PLAINT IN O.S.NO.141/2012 ON THE FILES OF THE LEARNED MUNSIFF'S COURT, KOCHI WHICH WAS ORIGINALLY FILED BEFORE THE LEARNED DISTRICT COURT (VACATION COURT) ERNAKULAM.

EXHIBIT P3 THE TRUE COPY OF THE COMMON JUDGMENT IN O.S.NOS.239/2012 AND 141/2012 ON THE FILES OF THE MUNSIFF'S COURT, KOCHI.

EXHIBIT P4 THE TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.67/2016 ON THE FILES OF THE LEARNED SUBORDINATE JUDGE'S COURT, KOCHI.

EXHIBIT P5 THE TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.1/2021 ON THE FILES OF THE LEARNED SUBORDINATE JUDGE'S COURT, KOCHI.

EXHIBIT P6 THE TRUE COPY OF THE PETITION IN I.A.NO.1/2021 IN A.S.NO.1/2021 ON THE FILES OF THE LEARNED SUBORDINATE JUDGE'S COURT, KOCHI.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 04.04.2019 IN O.P(C)NO.2654/2018 ON THE FILES OF THIS HONOURABLE COURT.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 28.09.2018 IN O.P(C)NO.2458/2018 OF THIS HONOURABLE COURT.

EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 19.02.2020 IN O.P(C)NO.2458/2018 ON THE FILES OF THIS HONOURABLE COURT. RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE