Kerala High Court
Leela U.K vs Anil Jayadev Rao on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
IA.NO.4/2021 IN OP(C) NO. 1600 OF 2017
OS 43/2016 OF I ADDITIONAL SUB COURT, KOZHIKODE
PETITIONER/RESPONDENT NO.1:
ANIL JAYADEV RAO, AGED 32 YEARS, S/O. JAYADEV RAO,SWARGAMADAM (H),
KASABA AMSOM, DESOM PO., CHALAPPURAM, KOZHIKODE TALUK, PIN-673002
RESPONDENTS/PETITIOERS TO 1 TO 3 & RESPONDENTS 2 TO 6:
1. LEELA U.K., AGED 75 YEARS, W/O. GOPINATHAN NAIR, RESIDING AT PRAYAGA
(H), PO.WEST HILL, KOZHIKODE TALUK, PIN-673005.
2. SREEKANTH U.K, AGED 35 YEARS, S/O. T.GANGADHARA NAIR, CHELANGAT
HOUSE 47/467, NEAR CIVIL STATION, CIVIL STATION PO., KOZHIKODE
TALUK, PIN-673020
3. T.GANGADHARAN NAIR, AGED 70 YEARS, S/O. NARAYANAN NAIR, GOVIND
VINTAGE PALACE, AYYANTHOL, THRISSUR-680003
4. MANOHAR.S, AGED 60 YEARS, RESIDING AT M7/17, MALAPARAMBA HOUSING
COLONY, PO.MALAPARAMBA, CALICUT, PIN-673009
5. DEPUTY GENERAL MANAGER, SOUTH INDIAN BANK, OFFICE OF DEPUTY GENERAL
MANAGER, DOOR NO.7/1164, HAPPY TOWERS, VAIKOM MOHAMMAD BASHEER ROAD,
MANANCHIRA, KOZHIKODE-673001
6. CHIEF MANAGER/AUTHORIZED OFFICER (SUPPL.), THE SOUTH BANK REGIONAL
OFFICERS, VAIKAM MOHAMMED BASHEER ROAD, HAPPY TOWERS, MANANCHRA,
KOZHIKODE, PIN-673001
7. THE MANAGER (SUPPL), SOUTH INDIAN BANK, MAVOOR ROAD BRANCH,
KOZHIKODE, NEAR MARKET COMPLEX, PIN-673004
8. THE SUB REGISTRAR (SUPPL), SUB REGISTRAR OFFICE, WEST HILL,
KOZHIKODE, PIN-673005
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant one month
time to commence evidence of the defendants in the suit O.S No.43 of 2016
of 1st Additional Sub Court, Kozhikode, in the peculiar circumstances of
the case and in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 19-01-2021 and this court's order dated 01-11-2021 in OP(C), and
upon hearing the arguments of SRI.S.SREEKUMAR, SENIOR ADVOCATE, along with
M/S.THOMAS P.KURUVILA, AJAY BEN JOSE, HARIKRISHNAN.S., P.PRIJITH, P.MARTIN
JOSE, Advocates for the petitioner (R1 in OP(C)) and of M/S.A.SUDHI
VASUDEVAN & JOSE JONES JOSEPH, Advocates for R1 to R3 (Petitioners in
OP(C)) and SRI.GEORGE VARGHESE, Advocate for R5, R6 & R7 (R3 to R5 in
OP(C)) and GOVERNMENT PLEADER for R8 (R6 in OP(C)), the court passed the
following:
V.G.ARUN, J.
...................................................................
I.A No.4 of 2021
IN
O.P(C)No.1600 of 2017
.....................................................................
Dated this the 24th day of November, 2021
ORDER
By judgment dated 19.1.2021, this court had directed the
Additional Sub Court, Kozhikode to dispose O.S No. 43/2016 in
three months time. Later the time was extended by two months
and thereafter by a further period of two months. The extended
time limit is due to expire by 1.1.2022. This application is filed by
the 1st defendant in the suit, pointing out that the Counsel
engaged by him is suffering from various medical issues and is
presently unable to participate in the trial of the suit. The
ailments of the counsel is narrated in detail in the affidavit. The
request herein is to defer the trial till 15.12.2021, till the 1st
defendant's counsel recovers or the petitioner is able to make
alternate arrangements.
Having gone through the affidavit and being convinced of
the reasons stated, the court below is directed to list the suit for
trial on a date after 15.12.2021. If, as a result of the direction,
disposal of the suit within the time limit stipulated in the order
dated 1.11.2021 becomes impossible, the learned Sub Judge can
request for extension of time.
Sd/-
V.G.ARUN
SJ JUDGE
24-11-2021 /True Copy/ Assistant Registrar
