Abeeshmon vs Madhu Kartha
2021 Latest Caselaw 23250 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         OP(C) NO. 3023 OF 2017
         IN OS 251/2017 OF MUNSIFF COURT,MUVATTUPUZHA, ERNAKULAM


PETITIONER/PLAINTIFF:

           MADHU KARTHA
           S/O.NARAYANA KARTHA, AGED 62, NANDANAM HOUSE, PULLUVAZHU
           KARA, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR.

           BY ADVS.
           SRI.ANIL K.MOHAMMED
           SRI.AKHIL BINOY
           SRI.V.S.MANSOOR


RESPONDENT/DEFENDANT:

           ABEESHMON
           S/O.ALIYAR, AGED 35, PALAKKOTTIL HOUSE, PUNNOPADY KARA,
           MULAVOOR VILLAGE, MUVATTUPUZHA TALUK, PIN-686 661,
            ERNAKULAM DISTRICT.

           BY ADV.
           SRI.LEO GEORGE



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG
WITH OP(C).1866/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018
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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                             OP(C) NO. 1866 OF 2018
CHALLENGING EXT.P6 ORDER IN OS 251/2017 OF MUNSIFF COURT,MUVATTUPUZHA,
                                     ERNAKULAM


PETITIONER/RESPONDENT/DEFENDANT:

              ABEESHMON
              AGED 35 YEARS
              S/O ALIYAR
              RESIDING AT PALAKKOTTIL HOUSE
              PUNNOPADY KARA
              MULAVOOR VILLAGE
              MUVATTUPUZHA TALUK

              BY ADVS.
              SRI.S.SREEDEV
              SMT.NITHYA VIJAYAN
              SRI.T.P.PRADEEP
              SRI.P.K.SATHEES KUMAR


RESPONDENT/PETITIONER/PLAINTIFF:

              MADHU KARTHA
              AGED 62 YEARS
              S/O NARAYANAN KARTHA
              NANDANAM HOUSE
              PULLUVAZHY KARA
              RAYAMANGALAM VILLAGE
              KUNNATHUNADU TALUK
              THE SOLE PROPRIETOR GANGA ENTERPRISES
              ERALIYIL TOWERS XV 445,446 KSRTC ROAD
              PERUMBAVOOR, PIN - 683542
              BY ADV.
              SRI.ANIL K.MOHAMMED

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021,
ALONG WITH OP(C).3023/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018
                                           3




                                 JUDGMENT

Dated this the 25th day of November, 2021

[OP(C) Nos.3023/2017, 1866/2018]

The original suit arose out of a dispute

pertaining to an agreement for sale of a road

roller. The plaintiff alleges that out of the sale

price of Rs.8,50,000/- (Rupees eight lakh fifty

thousand only), the defendant paid only

Rs.4,00,000/- (Rupees four lakh only) and took

possession of the vehicle. The cheque issued

towards discharge of the balance sale

consideration got dismissed. Hence the suit. In

the suit, the plaintiff obtained an order of

attachment and thereafter sought release of the

road roller on interim custody, which the trial

court declined. Aggrieved, the plaintiff filed

O.P(C) 3023 of 2017. The plaintiff moved another

application, requiring the court to sell the road OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018

roller and the trial court allowed that application.

Aggrieved by that order, the defendant has filed

O.P(C)1866 of 2018.

2. The suit is of the year 2017 and is

remaining without progress due to the pendency

of these original petitions and the interim orders

therein.

3. In the report called for, the learned

Munsiff has stated that the matter was once

referred to the Adalath and settlement not having

materialised, the case was posted in court again,

but there is no progress due to the pendency of

the original petitions.

4. Having heard the learned Counsel on

either side and having considered the nature of

the dispute involved, I deem it appropriate that

the suit be directed to be disposed of at the

earliest, rather than retaining these original

petitions, filed against interim orders.

Hence, the original petitions are disposed of, OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018

retaining the attachment and restraining sale of

the road roller. The trial court shall take earnest

efforts to dispose the suit within six months of

receipt of a copy of this judgment. Needless to

say that the suit should be decided,

untrammelled by the observations in the

impugned orders.

Sd/-

V.G.ARUN

JUDGE NB/25-11 OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018

APPENDIX OF OP(C) 3023/2017

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF PLAINT SCHEDULE IN OS NO:251/2017

EXHIBIT P2 TRUE PHOTOCOPY OF WRITTEN STATEMENT

EXHIBIT P3 TRUE PHOTOCOPY OF THE PETITION IN IA NO.1947/2017 IN OS NO:251/2017

EXHIBIT P4 TRUE COPY OF THE ORDER DTD:28/09/2017 IN IA NO.1949/2017 IN OS NO.251/2017 OP(C) NO. 3023 OF 2017 & OP(C) NO. 1866 OF 2018

APPENDIX OF OP(C) 1866/2018

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 01.10.2016 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S 251/2017 ON THE FILES OF MUNSIFF'S COURT MUVATTUPUZHA

EXHIBIT P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.No.251/2017 ON THE FILES OF MUNSIFF'S COURT MUVATTUPUZHA

EXHIBIT P4 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE RESPONDENT IN I.A 1324/2018 IN O.S 251/2017 ON THE FILES OF MUNSIFF'S COURT MUVATTUPUZHA

EXHIBIT P5 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE DEFENDANT IN I.A 1324/2018 IN O.S 251/2017 ON THE FILES OF MUNSIFF'S COURT MUVATTUPUZHA

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 23.06.2018 IN I.A No.1324/2018 IN O.S 251/2017 OF THE HON'BLE MUNSIFF'S COURT MUVATTUPUZHA

RESPONDENT'S EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE