Issac vs Kochuthressia
2021 Latest Caselaw 7479 Ker

          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.560 OF 2021

 IN A.S.NO.17/2015 OF III ADDITIONAL SUB COURT, ERNAKULAM


PETITIONERS/APPELLANTS:

      1     ISSAC,
            AGED 55 YEARS,
            S/O.ANTONY, VETTACKAL HOUSE, MARADU DESOM,
            MARADU VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
            DISTRICT.

      2     ANTONY,
            AGED 48 YEARS,
            S/O.XAVIOR, VALIYAPARAMBIL HOUSE, MARADU
            VILLAGE, MARADU DESOM, KANAYANNOOR TALUK,
            ERNAKULAM DISTRICT.

            BY ADVS.SRI.C.DILIP
                    SRI.R.PRADEEP

RESPONDENTS/RESPONDENTS:

      1     KOCHUTHRESSIA,
            AGED 64 YEARS,
            W/O.VARGHESE, VALLYARAPARAMBIL HOUSE, CHEPPANAM
            DESOM, KUMBALAM VILALGE, KANAYANNOOR TALUK,
            ERNAKULAM DISTRICT, PIN-682 506.

      2     CELINA,
            AGED 55 YEARS,
            W/O.ANTONY, VETTACKAL HOUSE, MARADU DESOM,
            MARADU VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
            DISTRICT-682 304.


     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.560/2021

                                        -:2:-




                     Dated this the 3rd day of March,2021

                             J U D G M E N T

Notice to respondents is dispensed with. I

heard the learned counsel for the petitioners.

2. The petitioners filed A.S.No.17/2015

before 3rd Additional Sub Judge, Ernakulam. It is

submitted that an order was passed by the appellate court on 30.01.2021 closing the

additional evidence for which the appeal was

already posted.

3. According to petitioners, they want to

challenge the order. The request that is made in

this original petition is for a direction to the

court below to issue a certified copy of the order

dated 30.01.2021 without delay. The request made

appears to be reasonable and liable to be granted.

In the result, the original petition is

allowed calling upon the 3rd Additional Sub Court,

Ernakulam, to issue certified copy of order dated

30.01.2021, if application seeking copy is made in

terms of rules. It is further directed that the

hearing of the appeal shall be adjourned until the

certified copy is issued.

O.P.(C)No.560/2021

All pending interlocutory applications will

stand closed.

Sd/-

                                   T.V.ANILKUMAR,JUDGE

DST                                                 //True copy/

                                                   P.A.To Judge
 O.P.(C)No.560/2021






                         APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1           TRUE PHOTOCOPY OF PLAINT DATED

16.06.2013 IN O.S. NO.707/2013 ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P2 TRUE PHOTOCOPY OF WRITTEN STATEMENT DATED 26.11.2013 FILED BY THE DEFENDANT IN O.S. NO.707/2013 ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P3 TRUE PHOTOCOPY OF JUDGMENT DATED 24.10.2014 IN O.S. NO.707/2013 ON THE FILE OF SECOND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

EXHIBIT P4 TRUE PHOTOCOPY OF APPEAL MEMORANDUM DATED 19.01.2015 IN A.S. NO.17/2015 ON THE FILE OF 3RD ADDITIONAL SUB COURT, ERNAKULAM.

EXHIBIT P5 TRUE PHOTOCOPY OF COMMISSION REPORT AND SURVEY PAN DATED 05.12.2018 FILED BY THE ADVOCATE COMMISSIONER MR.MUKESH S.JAYAN.

EXHIBIT P6 TRUE PHOTOCOPY OF I.A. NO.4665/2018 IN A.S NO.17/2015 ON THE FILE OF 3RD ADDITIONAL SUB COURT, ERNAKULAM DATED 11.12.2018.

EXHIBIT P7 TRUE PHOTOCOPY OF PROCEEDINGS OF A.S.

NO.17/2015 ON THE FILE OF 3RD ADDITIONAL SUB COURT, ERNAKULAM ON 30.01.2021 WHICH IS AVAILABLE IN THE OFFICIAL WEB SITE.

RESPONDENTS' EXHIBITS: NIL