Mohammed Kaleel vs P.Radhakrishnan
2021 Latest Caselaw 21736 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943

                          OP(C) NO. 1972 OF 2021


          OS 723/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

PETITIONER/PETITIONER/DEFENDANT:

     MOHAMMED KALEEL, AGED 62 YEARS, S/O. MOHAMMED HANEEFA, PROPRIETOR,
     EMARALD ENTERPRISES, GROUND FLOOR, EMARALD APARTMENTS, NEW
     NANDAVANAM ROAD, PALAYAM, THIRUVANANTHAPURAM, PIN CODE-695 033.

RESPONDENT/COUNTER PETITIONER/PLAINTIFF:

     P.RADHAKRISHNAN, AGED 66, S/O. N.PURUSHOTHAMAN, RESIDING AT
     T.C.48/563-35, NATIONAL NAGAR, HOUSE NO.49, KALLATTUMUKKU, MANACAUD
     P.O., THIRUVANANTHAPURAM, PIN CODE-695 009.


     Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
all further proceedings in O.S No.723/2011 on the file of the Principal
Sub Court, Thiruvananthapuram, pending consideration of thie Original
Petition.

     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
MR.J.HARIKUMAR, Advocate for the petitioner, and Sri.R.LAKSHMI NARAYAN,
Advocate for respondent, the court passed the following:




                                                                      (P.T.O)
                              A. BADHARUDEEN, J.
                    ================================
                              O.P.(C) No.1972 of 2021
                    ================================
                      Dated this the 2nd day of November, 2021

                                        ORDER

Order passed by the Principal Sub Judge, Thiruvananthapuram in

I.A.No.2694/2018 in O.S.No.723/2011 dated 01.10.2021 dismissing the

petition filed by the defendant to receive additional documents is the

matter under challenge in this O.P. Heard both sides and the matter

reserved for judgment.

2. In the meantime, it is submitted by the learned counsel for

the original petitioner that the matter is posted to 08.11.2021 for

recording cross-examination of the plaintiff. According to the learned

counsel, if cross-examination is proceeded without deciding the issue as

to whether these documents are to be received in evidence it would cause

prejudice to the defendant.

The submission appears to be having force. In view of the matter,

the further proceedings in O.S.No.723/2011 on the file of the Principal

Sub Court, Thiruvananthapuram is stayed for a period of two weeks.

H/O.

Sd/-

A. BADHARUDEEN, JUDGE

SCS

02-11-2021 /True Copy/ Assistant Registrar