Krishnan Parambath Gopalan @ ... vs P.T.Balan @ Balakrishnan
2021 Latest Caselaw 7970 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                    OP(C).No.603 OF 2021

IN A.S.NO.7/2021 OF ADDITIONAL DISTRICT COURT- V, KOZHIKODE



PETITIONER/2ND APPELLANT:

            KRISHNAN PARAMBATH GOPALAN @ KARIYATTU GOPALAN,
            AGED 67 YEARS,
            S/O.LATE VELUMBANADI, KARIYATTU HOUSE,
            PALATHUMKUZHI, PERUMANNA, P.O. PANTHEERANKAVU,
            KOZHIKODE-673019.

            BY ADVS.SRI.R.SUDHISH
                    SMT.M.MANJU

RESPONDENTS/ RESPONDENTS & 1ST APPELLANT:

      1     P.T.BALAN @ BALAKRISHNAN,
            AGED 74 YEARS,
            S/O.CHOYI, PERUMANNA AMSOM, DESOM,
            P.O.PERUMANNA, KOZHIKODE-673019.

      2     PUTHUKKUDI THODIKAYIL RAVEENDRAN,
            AGED 68 YEARS,
            S/O.CHOYIKUTTY, PUTHUKKUDI THODIYIL HOUSE,
            PERUMANNA, PANTHEERANKAVU P.O.,
            KOZHIKODE-673019.

      3     KRISHNAN PARAMBATH KRISHNAN,
            AGED 70 YEARS,
            S/O.LATE VELUMBANADI, KARIYATTU HOUSE,
            PALATHUMKUZHI, PERUMANNA, P.O.PANTHEERANKAVU,
            KOZHIKODE-673019.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.603/2021

                                      -:2:-




                     Dated this the 8th day of March,2021

                             J U D G M E N T

Notice to respondents are dispensed with in

the nature of relief which I propose to grant

below. I heard the learned counsel for the

petitioner.

2. This original petition is filed by the second appellant in A.S.No.7/2021 on the file of

Additional District Court-V, Kozhikode. It is

submitted that though Ext.P2 stay

petition(I.A.No.2/2021) was moved in

A.S.No.7/2021, it was not taken up by the court

till date and urgent orders are delayed. It is

submitted that unless orders are passed in the

petition, the petitioner will be put to

irreparable loss and hardship.

3. I am of the opinion that it is only fair

and reasonable that the stay petition pending for

consideration is urgently taken up and necessary

orders are passed in accordance with law after

hearing the petitioner.

In the result, the original petition is

allowed directing Additional District Court-V, O.P.(C)No.603/2021

Kozhikode, to take up I.A.No.2/2021 in

A.S.No.7/2021 urgently and pass orders after

hearing the petitioner in accordance with law

within a period of seven days from the date of

receipt of a certified copy of this judgment.

All pending interlocutory applications will

stand closed.

Sd/-

                                     T.V.ANILKUMAR,JUDGE

DST                                                       //True copy/

                                                         P.A.To Judge
 O.P.(C)No.603/2021






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1           COPY OF THE MEMORANDUM OF APPEAL

A.S.NO.7 OF 2021 OF THE DISTRICT COURT, KOZHIKODE.

EXHIBIT P2 COPY OF THE INTERLOCUTORY APPLICATION I.A.NO.2 OF 2021 IN A.S.NO.7 OF 2021 OF THE DISTRICT COURT, KOZHIKODE.

RESPONDENTS' EXHIBITS: NIL