Kerala High Court
Ravikumar vs Nil on 24 March, 2021
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.614 OF 2021
EP NO.231/2019 IN OS 339/2013 OF PRINCIPAL MUNSIFF COURT ,
NEYYATTINKARA
PETITIONER/PLAINTIFF/COUNTER CLAIM DEFENDANT/JUDGMENT DEBTOR:
RAVIKUMAR, AGED 62 YEARS
S/O. RAJESEKHARAN, SIVALAYAM,
OTTATHERUVU, BALARAMAPURAM P.O,
ATHIYANNOOR DESOM, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT-695 501
BY ADV. SRI.THIRUMALA P.K.MANI
RESPONDENT/DEFENDANT/COUNTER CLAIM PLAINTIFF/COUNTER CLAIM DECREE
HOLDER:
SIVATHANU, AGED 83 YEARS
S/O. ARUNACHALAM, NARAYANI VILASOM,
VARUVILAKATHU VEEDU, OTTATHERUVU,
BALARAMAPURAM P.O, ATHIYANNOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 501
R1 BY ADV. SRI.R.T.PRADEEP
R1 BY ADV. SMT.M.BINDUDAS
R1 BY ADV. SRI.K.C.HARISH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.614 OF 2021
2
JUDGMENT
The petitioner herein is the plaintiff in O.S.No.339/2013
pending on the file of the Principal Munisff Court,
Neyyattinkara. Defendent is the respondent herein filed
written statement raising counter claim. The suit was dismissed
and counter claim decreed. The plaintiff filed two applications
seeking to set aside ex parte decree and to restore the suit to
file. Both the applications were dismissed by the trial court.
Challenging the order, C.M.A.Nos.4 & 5 of 2021 were filed
before the Sub Court, Neyyattinkara, which are still pending.
2. The request made in this original petition filed under Article
227 of the Constitution of India, is for issue of a direction to
Sub Court, Neyyattinkara for an expeditious disposal of CMA
Nos.4 & 5 of 2021 within a time frame to be fixed by this
Court.
3. I heard the learned counsel for the petitioner as well as the
respondent.
4. Sri.R.T.Pradeep, the learned counsel appearing for the
respondent submits that his party entered appearance in CMA
Nos.4 & 5 of 2021 and the cases are posted to 26.03.2021. it
is further submitted that his party is prepared to co-operate
OP(C).No.614 OF 2021
with the court below for an early disposal of the CMAs.
5. The learned counsel for the petitioner submits that the
execution proceedings in E.P.No.231/2019 in O.S.No.339/2013
may be stayed until the final disposal of the CMAs.
6. After having heard the submissions made by the counsel
appearing on either side, I am of the opinion that Sub Court,
Neyyattinkara shall be called upon to dispose of the CMAs
pending on its file before the court closes for mid summer
vacation.
7. In the result, this original petition is allowed calling upon the
Sub Court, Neyyattinkara to take up CMA Nos.4 & 5 of 2021
for urgent consideration and dispose it of finally on or before
09.04.2021. The execution proceedings in E.P.No.231/2019 in
O.S.No.339/2013 shall stand stayed till 09.04.2021.
sd/-
T.V.ANILKUMAR, JUDGE
AMV/24/03/2021
OP(C).No.614 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT AND DECREE
DATED 04.12.2018 IN OS NO. 339/2013
PASSED BY THE PRINCIPAL MUNSIFF COURT,
NEYYATTINKARA.
EXHIBIT P2 TRUE COPY OF THE COMMON ORDER DATED
18.02.2021 IN RP NO. 116/2020 AND
124/2020 IN O.S.NO. 339/2013 ON THE
FILE OF THE PRINCIPAL MUNSIFF
COURT,NEYYATTINKARA.
EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF CIVIL
MISCELLANEOUS APPEAL (CMA) 4/2021 WHICH
WAS FILED BEFORE THE SUB COURT,
NEYYATTINKARA AGAINST THE DISMISSAL
ORDER DATED 18.02.2021 IN RP
NO.124/2020 IN O.S NO. 339/2013
EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL
IN CMA NO. 5/2021 WHICH WAS FILED
AGAINST THE DISMISSAL OF THE RP NO.
116/2020 SUB COURT, NEYYATTINKARA.
EXHIBIT P5 TRUE COPY OF THE EXECUTION PETITION IN
E.P. NO. 231/2019 IN OS NO. 339/2013
FILED BEFORE THE PRINCIPAL MUNSIFF
COURT, NEYYATTINKARA.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
