Kerala High Court
L. A. Xavier D'Cruz vs State Bank Of Travancore (Now ... on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
OP(C).No.1848 OF 2020
E.A.NOS.596/2018, 597/2018 AND 598/2018 IN E.P.NO.799/2004
IN OS 1340/1993 OF I ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
PETITIONERS:
1 L. A. XAVIER D'CRUZ
AGED 75 YEARS
S/O. ANTONY D'CRUZ, ETHELEN HOUSE, T.C.-44/614,
VALIYATHURA P. O., THIRUVANANTHAPURAM.
2 PANSY
AGED 70 YEARS
W/O. L.A.XAVIER D'CRUZ, ETHELEN HOUSE, T.C.-
44/614, VALIYATHURA P. O., THIRUVANANTHAPURAM.
BY ADVS. SRI.P.BABU KUMAR
SRI.VISHNU BABU
SHRI.MURALEEDHARAN A.
SRI.P.YADHU KUMAR
RESPONDENTS:
1 STATE BANK OF TRAVANCORE (NOW STATE BANK OF
INDIA )
CHALAI BRANCH, THIRUVANANTHAPURAM.
2 THE THIRUVANANTHAPURAM DISTRICT FISHER MEN
FEDERATION, T.C.13/680/1, GENERAL HOSPITAL,
THIRUVANANTHAPURAM.
3 STHREE NIKETH
VANITHA FEDERATION, NEAR GENERAL HOSPITAL,
THIRUVANANTHAPURAM.
R1 BY SRI.SANTHOSH MATHEW, SC, STATE BANK OF
TRAVANCORE
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.1848 of 2020
:-2-:
Dated this the 3rd day of March, 2021
J U D G M E N T
I heard the learned counsel for the petitioners
as well as the learned counsel for the first
respondent, State Bank of Travancore.
2. This original petition is filed seeking
issue of a direction to the First Additional Sub
Court, Thiruvananthapuram to take up
E.A.No.596/2018 in E.P.No.799/2004 in
O.S.No.1340/1993 and dispose it of within a time
frame to be fixed by this Court.
3. Ext.P2 E.A.No.596/2018 is seen to have been
filed under Order IX Rule 7 of CPC seeking an order
setting aside the ex parte order passed against the
petitioners. Learned counsel appearing for the
first respondent submits that such a petition is
not maintainable under law under any circumstance
and further it is delayed by 5,385 days as well. I
O.P.(C)No.1848 of 2020
:-3-:
am not going into the merits of the contentions
raised by the parties. The sole request made in
this original petition is for issue of direction to
the court below to dispose of E.A.No.596/2018 as
expeditiously as possible. Having regard to the
submissions made on behalf of the petitioners, I am
of the opinion that Ext.P2 E.A.596/2018 shall be
taken up and dispose of strictly in accordance with
the principles of law. The respondents shall be
given opportunity to file objection, if any and be
heard also.
In the result, the original petition is allowed
calling upon the First Additional Sub Court,
Thiruvananthapuram, to take up E.A.No.596/2018 for
urgent consideration and dispose it of in
accordance with law within three months from the
date of receipt of certified copy of this judgment,
after hearing the parties on either side. It is
O.P.(C)No.1848 of 2020
:-4-:
made clear that I have not expressed any opinion on
the merits of the claim advanced by the
petitioners.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR
JUDGE
ami/
O.P.(C)No.1848 of 2020
:-5-:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 01.12.2020.
EXHIBIT P2 TRUE COPY OF THE E.A.NO.596/2018 IN
E.P.NO.799/2004 IN O.S.NO.1340/1993
BEFORE THE 1ST ADDL.SUB COURT,
THIRUVANANTHAPURAM DATED 17.09.2018.
EXHIBIT P3 TRUE COPY OF THE E.A.NO.597/2018 IN
E.P.NO.799/2004 IN O.S.NO.1340/1993
BEFORE THE 1ST ADDL.SUB COURT,
THIRUVANANTHAPURAM DATED 17.09.2018.
EXHIBIT P4 TRUE COPY OF THE E.A.NO.598/2018 IN
E.P.NO.799/2004 IN O.S.NO.1340/1993
BEFORE THE 1ST ADDL.SUB COURT,
THIRUVANANTHAPURAM DATED 17.09.2018.
EXHIBIT P5 TRUE COPY OF THE CERTIFIED COPY OF THE
PROCEEDINGS OF 1ST ADDL.SUB COURT,
THIRUVANANTHAPURAM DATED 06.11.2020.
