Kerala High Court
K.M.Sanal Kumar vs Karunakaran on 1 October, 2021
R.P.637/2021 in O.P(C).1904/2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
RP NO. 637 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP(C) 1904/2019 OF HIGH COURT OF
KERALA, ERNAKULAM
REVIEW PETITIONER (RESPONDENTS 1 AND 2 IN OP(C)):
1 K.M.SANAL KUMAR, AGED 70 YEARS
S/O.LATE KARUNAKARA MENON, 50/935D, VARUNA, EDAPPALLY,
ERNAKULAM DISTRICT, KOCHI 682 024
2 K.M.INDULATHA, AGED 62 YEARS
D/O.LATE KARUNAKARA MENON, PUTHANVEED, CHELODE,
MANNATHIPOYIL P.O., POOKKOTTUPADAM, NILAMBUR 679 332
BY ADVS.
PREETHI. P.V.
T.SETHUMADHAVAN (SR.)
M.V.BALAGOPAL
RESPONDENT(PETITIONER & RESPONDENTS 3 TO 6 IN O.P(C)):
1 KARUNAKARAN, AGED 69 YEARS, S/O.LATE KUNJUNNY MENON,
KARTHIKA, V.T.NANDAKUMAR ROAD, PULLAT P.O.,
KODUNGALLUR, CHAVAKKAD, THRISSUR 680 663
2 K.M.KRISHNAKUMAR, AGED 57 YEARS
S/O.LATE KARUNAKARA MENON, PANNIKKOTT HOUSE, NEAR
MANAPPULLIKAVU, KUNNATHURMEDU, PALAKKAD 678 013
3 SATHYANATHAN, AGED 53 YEARS
S/O.LATE RADHAKRISHNAN, SARITHA, KACHERIPPADY,
MANCHERI, MALAPPURAM 676 121
4 REETHA, AGED 51 YEARS, D/O.LATE RADHAKRISHNAN,
SARITHA, KACHERIPPADY, MANCHERI, MALAPPURAM 676 121
5 SARITHA, AGED 49 YEARS, D/O.LATE RADHAKRISHNAN,
R.P.637/2021 in O.P(C).1904/2019
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SARITHA, KACHERIPPADY, MANCHERI, MALAPPURAM 676 121
BY ADV P.B.KRISHNAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.637/2021 in O.P(C).1904/2019
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ORDER
Petitioner No.14 in I.A.No.1865 of 2017 in O.S.No.55 of 1944 of
Sub Judge, Ottapalam approached this Court by filing the present
Original Petition seeking a direction for an early disposal of the final
decree proceedings. It was lamented that the suit was of the year 1947
and has been pending for long. This Court, without issuing notice to the
contesting respondents, called for a report from the trial court. Learned
Sub Judge, by his communication dated 23.07.2019, informed about the
pendency of the proceedings and stated that, though there was no
regular sitting, he being the Sub Judge in charge of that Court,
undertook to dispose on merits, the final decree application within a
minimum period of one year. Accordingly, Writ Petition was disposed of
by this Court by directing the court below to dispose of the final decree
application as expeditiously as possible, at any rate, within a period of
one year.
2. Respondents 1 and 2 in the original petition has now come
forward with this review petition on a premise that, since notices in this
original petition were not issued to the contesting parties in the final
decree application, the entire facts of the case could not be brought to
the notice of the Court. It was contended that, suit was of the year 1947
R.P.637/2021 in O.P(C).1904/2019
and subsequently, several laws have been brought into force, several
transactions have taken place and new rights have been created, which
according to the learned Senior Counsel has considerable bearing on the
issues involved. It was also submitted that, in the final decree
proceedings, the assertion of some of the contesting parties was that
unless supplementary preliminary decree was passed, final decree
proceedings cannot be proceeded. An order was passed by the court
below on this issue, which is the subject matter of O.P(C).No.1245 of
2021, now pending before this Court. Stay was also granted by this
Court in that original petition against proceeding with the final decree
proceedings.
3. Learned senior counsel advanced the argument that, in the
above circumstances, the order of this Court dated 29.07.2019 requires
review, since the entire facts were not placed before this Court.
4. There is no dispute that the matter has been pending since
long. Learned Judicial Officer has also sought for one year minimum
time for disposal of the matter. Having considered this, I do not feel
that, on the ground that the parties were enormous and in the light of
the contentions set up by the contesting respondents, review of the
judgment is warranted. However, in the interest of justice and the
anterior and subsequent facts that have been brought to my notice at
the time of hearing, I am inclined to dispose of the review petition itself
R.P.637/2021 in O.P(C).1904/2019
by directing that judgment of this Court dated 29.07.2019 will be kept in
abeyance by the learned Sub Judge till final orders are passed in
O.P.No.1904 of 2019 or stay is vacated, whichever is earlier. Thereafter,
court below shall take every endeavour to dispose of the final decree
proceedings at the earliest, at any rate, within six months from the date
of communication of the above or within longer peirod, if any, fixed in
O.P.No.1245 of 2021. In case of any unforeseen circumstance in the
matter of non-disposal of the case fixed by this court or by any other
court, learned Sub Judge will be free to seek appropriate direction from
Court, including extension of time.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
R.P.637/2021 in O.P(C).1904/2019
APPENDIX OF RP 637/2021
PETITIONER ANNEXURE
Annexure A TRUE COPY OF THE FINAL DECREE APPLICATION
SUBMITTED BY THE 1ST RESPONDENT AND OTHERS
IN IA NO.1865/2017 IN OS NO.55/1944 DATED
21.11.2017
Annexure B TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONERS ALONG WITH OTHER RESPONDENTS IN
IA NO.1865/2017 IN OS NO.55/1944 DATED
6.4.2018
Annexure C TRUE COPY OF THE ADDITIONAL OBJECTION FILED
BY THE PETITIONERS ALONG WITH OTHER
RESPONDENTS IN IA NO.1865/2017 IN OS
NO.55/1944 DATED 5.7.2021
