Kurian George vs Susan Joseph
2021 Latest Caselaw 9904 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                           OP(C).No.155 OF 2021

     I.A.NO.1/2021 IN OS 273/2013 OF MUNSIFF COURT, PUNALUR


PETITIONER/DEFENDANT IN O.S.:

             KURIAN GEORGE
             AGED 77 YEARS
             S/O.T.K. GEORGE, THEKKINKADU NEW HOUSE, MAVILA,
             AGASTHYACODU, AREEPLACHY P.O. ANCHAL VILLAGE, KOLLAM
             DISTRICT.

             BY ADVS.
             SHRI.JOHN VARGHESE
             SRI.A.L.GEORGE

RESPONDENTS/ADDITIONAL PLAINTIFFS 2 TO 4 IN O.S.:

      1      SUSAN JOSEPH
             AGED 62 YEARS
             W/O. JOSEPH GEORGE, PALMSHADE VILLA, VADAVATHOOR,
             KOTTAYAM 686 010.

      2      JITHIN JOSEPH,
             S/O. JOSEPH GEORGE, PALMSHADE VILLA, VADAVATHOOR,
             KOTTAYAM 686 010.

      3      RENJEETHA DANIEL,
             D/O. JOSEPH GEORGE, PALMSHADE VILLA, VADAVATHOOR,
             KOTTAYAM 686 010. NOW RESIDING AT PUTHENPURACKAL
             HOUSE, SANKARAYYA ROAD, POONTHOLE P.O. THRISSUR 680
             004.

             R1-3   BY   ADV.   SRI.P.B.KRISHNAN
             R1-3   BY   ADV.   SRI.P.B.SUBRAMANYAN
             R1-3   BY   ADV.   SRI.SABU GEORGE
             R1-3   BY   ADV.   SRI.MANU VYASAN PETER

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.155 OF 2021

                                  2




                            JUDGMENT

Dated this the 24th day of March 2021

The petitioner in this O.P. is the defendant in O.S No.

273/13 on the files of Munsiff Court, Punalur. He filed Ext.P1

I.A.No.1/2021 before the court below seeking disposal of the

suit contending that suit is barred by provisions of Kerala Torts

(Miscellaneous Provisions) Act, 1976.

2. The grievance expressed by the petitioner is that

I.A.No.1/2021 is not taken up for consideration and disposed of

in accordance with law.

3. A report was called for from the court below in this

respect and it is submitted that issues were framed in the suit

and later an I.A. for conduct of DNA test filed by the petitioner

was dismissed.

4. I heard the learned counsel appearing for the

petitioner as well as the respondents.

5. The learned counsel for the respondents submitted

that whether suit is maintainable or otherwise is a matter to be OP(C).No.155 OF 2021

decided by the court below in accordance with law. Whether it

could be taken up and disposed of as a preliminary issue is to

be decided by the court ceased of I.A.No.1/2021.

6. I do not want to express any view on merits in this

matter. It suffices to say that the court below is obliged to take

up Ext.P1 I.A.No.1/2021 for consideration and dispose it of in

accordance with law.

In the circumstances, this original petition is disposed of

calling upon the court below to take up I.A.1/2021 for

consideration and dispose it of in accordance with law within a

period of one month from the date of production of certified

copy of this judgment.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.155 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF I.A. NO. 1/2021 IN O.S. NO.

273/203 OF THE MUNSIFF COURT, PUNALUR.

//TRUE COPY// PA TO JUDGE