Kerala High Court
Jayagovindhan vs Star Syndicate on 2 November, 2021
OP(C) No.1973/2021 1/4
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. 1973 OF 2021
OS 2291/2012 OF PRINCIPAL SUB COURT, THRISSUR
PETITIONER/PLAINTIFF:
JAYAGOVINDHAN, AGED 68 YEARS, S/O VADAKKOOT NELLIPARAMBIL
KRISHNAEZHUTHASSAN, AVANISSERY VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT.
RESPONDENTS/DEFENDANTS:
1. STAR SYNDICATE, BABAS COMPLEX, ERANELLOOR VILLAGE, KECHERI DESOM,
THALAPPILLY THALUK, REPRESENTED BY MANAGING PARTNER, P.M.JOHNSON,
AGED 55 YEARS, S/O PULIKOTTIL MANI, KUNNAMKULAM VILLAGE, TALAPPILLY
TALUK, THRISSUR DISTRICT-680503.
2. K.T MINI, AGED 50 YEARS, D/O THAVU KUTHOOR, DOOR NO.41,42,
TAPPUKULAM, COIMBATORE DISTRICT, TAMILNADU STATE-641001.
3. JIMSON, S/O PULIKOTTIL MANI, KINNAMKULAM VILLAGE, PADINJAREANGADI
DESOM, THALAPILLY TALUK, THRISSUR DISTRICT-680582.
4. SHALU VALLAPIL, S/O VARGHESE VALAPPIL, VALAPPIL HOUSE, MANNUTHY
DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680655.
5. DINESAN, S/O ARAKKAL KESAVAN, ARAKKAL HOUSE, PALISERRY VILLAGE AND
THRISSUR DISTRICT-680027.
6. P.P.TONY S/O PEREPADAN POULOSE, PEREPADAN HOUSE, PULLAZHY VILLAGE
AND DESOM, THRISSUR DISRICT, PIN-680012.
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
the further proceedings in O.S 2291/2012 in Principal Sub Court, Thrissur.
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
M/S.SHINOJ.K.NARAYANAN, C.K.RAPHEEQUE & K.B.NIDHINKUMAR, Advocates for the
petitioner, the court passed the following:
(P.T.O)
OP(C) No.1973/2021 2/4
A. BADHARUDEEN, J.
================================
O.P(C).No.1973 of 2021
================================
Dated this the 2nd day of November, 2021
ORDER
The petitioner, who is the plaintiff in O.S.No.2291/2012 on
the file of the Principal Sub Judge, Thrissur, has preferred this
Original Petition challenging Ext.P1 order, whereby the learned
Sub Judge appointed a Commissioner to determine the actual
market value of the property in view of the mandate under
Section 7(3A) of the Court Fees Act.
2. When the matter is heard, it is submitted by the
learned counsel for the original petitioner that though at an earlier
point of time this Court fixed the market value of the same
property as Rs.97,65,000/-, the petitioner is at liberty to value the
property involved in the subject matter, considering the same as
one under category of agricultural land. I am not inclined to look
into the merit of this argument at present since the petitioner
agreed to produce a copy of the order in the connected matter
OP(C) No.1973/2021 3/4
along with copy of plaint in the said case for perusal of this Court
and to take a decision on merits.
3. So, this matter is reserved for judgment. It is
submitted by the learned counsel for the petitioner that the matter
is posted before the Trial Court today viz., 02.11.2021, and the
petitioner is apprehending an adverse order.
4. In view of the matter, it is specifically ordered that the
learned Sub Judge shall keep the matter in abeyance until final
verdict in this O.P is being delivered.
Hand over a copy of this order to the learned counsel for the
petitioner.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
02-11-2021 /True Copy/ Assistant Registrar
OP(C) No.1973/2021 4/4
APPENDIX OF OP(C) 1973/2021
Exhibit P1 THE TRUE COPY OF THE ORDER IN OS NO.2291/2012 DATED
16.09.2021 OF PRINCIPAL SUB COURT THRISSUR.
