B. Appu Jolsyar vs L. Rajappan
2021 Latest Caselaw 12593 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
                          OP(C) NO. 828 OF 2021
           AGAINST THE ORDER/JUDGEMENT IN OS 402/2012 OF SUB
                 COURT,NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONER:

              B. APPU JOLSYAR,
0




              AGED 67 YEARS
              S/O. BHANU NADAR, BEENA BHAVAN, KOTTUKKAALKONAM,
              KATTACHALKUZHI (P.O) NEYYATTINKARA,
              THIRUVANANTHAPURAM.

              BY ADVS.
              K.RAJESH KANNAN
              SRI.M.RAMASWAMY PILLAI
              SRI.P.C.VIJAYAKUMAR



RESPONDENTS:

     1        L. RAJAPPAN,
              E.R. HOUSE, SATHYAN NAGAR, INDUSTRIAL ESTATE (P.O.),
              MANUKULADICH MANGALAM DESOM, NEMOM VILLAGE,
              THIRUVANANTHAPURAM 695 020.

     2        NARAYAN NADAR,
              PRESIDENT MUTHARAMMAN KOVIL, HIGHER SECONDARY SCHOOL OF
              MUTHARAMMAN KOVIL, KATTACHALKUZHI (PO.), NEYYATTINKARA,
              THIRUVANANTHAPURAM 695 501.

     3        MUTHARAMMAN KOVIL HIGHER SECONDARY SCHOOL
              KATTACHALKUZHI (P.O.), NEYYATTINKARA,
              THIRUVANANTHAPURAM 695 501.
              REPRESENTED BY THE MANAGING SECRETARY OF THE SCHOOL.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 828 OF 2021
                                    2

                             JUDGEMENT

Dated this the 27th day of May 2021

The petitioner herein is arrayed as the first defendant in

O.S. No.402/2012. Since the petitioner remained absent in the

suit proceedings, an exparte decree was passed by the court

below. Applications were filed for setting aside exparte decree as

well as application to condone the delay in filing the above

application. Copies of the applications are produced as Ext.P4

and Ext.P5.

2. The grievance of the petitioner is that the above

applications have not been taken up, though valid contentions

are set up in the applications. The learned Counsel for the

petitioner invited my attention to the address shown in the plaint

as Managing Secretary of the School. According to the

petitioner, he was not permitted to enter the school from 2013

onwards which is stated in paragraph 5 of the original petition.

According to the petitioner, that prevented him from appearing

before the court and to participate in the proceedings and the OP(C) NO. 828 OF 2021

communications were not delivered to the petitioner.

3. In the meanwhile, execution proceedings are initiated

and it is reported that warrant has been issued to him in

execution of the decree. Having considered the limited prayer

sought by the petitioner for a direction for expeditious disposal of

the application, I am inclined to direct the Sub Court,

Neyyatinkara to take up Ext.P4 and Ext.P5 applications as

expeditiously as possible and to dispose it of, at any rate within a

period of two months from the date of completion of service or

from the date of lifting of lock down, whichever is later. If the

service is not completed, the court below shall give a reasonable

time to the petitioner to complete the service. Thereafter, the

matter shall be taken up and disposed of in accordance with the

law. The warrant issued will kept in abeyance till the disposal of

Ext.P4 and Ext.P5 applications.

The original petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE SKP/28-5 OP(C) NO. 828 OF 2021

APPENDIX OF OP(C) 828/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EX PARTE JUDGMENT DATED 7.8.2017 IN O.S. NO. 402/2012 ON THE FILE OF THE SUB COURT, NEYYATTINKARA.

EXHIBIT P2 TRUE COPY OF THE E.P. NO.60/2017 IN O.S. NO.

402/2012 ON THE FILE OF THE SUB COURT, NEYYATTINKARA DATED 16.10.2017.

EXHIBIT P3 TRUE COPY OF THE E.A. NO. 114/2017 ON THE FILE OF THE SUB COURT, NEYYATTINKARA DATED 16.10.2017.

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT AND PETITION I.A.

NO.2/2020 DATED 14/7/2020 FOR SETTING ASIDE THE EX PARTE DECREE IN O.S. NO. 402/2012 ON THE FILE OF SUB COURT NEYYATTINKARA.

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT AND PETITION I.A.

NO.1/2020 DATED 14/7/2020 FOR CONDONING THE DELAY OF 1080 DAYS IN FILING THE PETITION TO SET ASIDE THE EX PARTE DECREE IN O.S. NO. 402/2012 ON THE FILE OF SUB COURT, NEYYATTINKARA.

EXHIBIT P6 TRUE COPY OF THE PETITION E.A. NO. 57/2021 IN E.P. NO. 60/2017 IN O.S. NO. 402/2012 ON THE FILE OF TH SUB COURT, NEYYATTINKARA DATED 22.3.2021.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE