Kochukuttan vs Gopalankutty
2021 Latest Caselaw 21149 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                          OP(C) NO. 1812 OF 2021
 AGAINST THE ORDER/JUDGMENT IN AS 65/2006 OF SUB COURT, OTTAPPALAM,
                                 PALAKKAD
PETITIONER/S/APPELLANT:

           KOCHUKUTTAN,
           AGED 62 YEARS, S/O. LATE NELLIKKAL KUNHUNNI, MOOTHEDATHU
           MADAMBU AMSOM, KULAKKAD DESOM, OTTAPALAM TALUK, PALAKKAD
           DISTRICT.

           BY ADVS.
           P.JAYARAM(K/000277/1990)
           GIGI PAPPACHAN


RESPONDENT/S/RESPONDENTS:

     1     GOPALANKUTTY,
           AGED 59 YEARS, S/O. LATE KANCHIRATHINGAL KRISHNAN,
           MOOTHEDATHU MADAMBU, P.O. KULAKKAD, OTTAPALAM TALUK,
           PALAKKAD DISTRICT 679 503.

     2     VELUKUTTY,
           AGED 58 YEARS, S/O. LATE KANCHIRATHINGAL CHAMI,
           MOOTHEDATHU MADAMBU, P.O. KULAKKAD, OTTAPALAM TALUK,
           PALAKKAD DISTRICT-679 503.

     3     THANKAMMA,
           AGED 65 YEARS, W/O. LATE KANCHIRATHINGAL CHAMI,
           MOOTHEDATHU MADAMBU, P.O. KULAKKAD, OTTAPALAM TALUK,
           PALAKKAD DISTRICT-679 503.

     4     SAROJINI,
           AGED 44 YEARS, D/O. LATE KANCHIRATHINGAL CHAMI,
           MOOTHEDATHU MADAMBU, P.O. KULAKKAD, OTTAPALAM TALUK,
           PALAKKAD DISTRICT-679 503


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1812 OF 2021
                                 2



                         JUDGMENT

The challenge in this original petition is against Ext.P12

order of the Subordinate Judges Court, Ottapalam.

Subsequent to the order, the appeal itself has been disposed

of by the Subordinate Judges Court and the petitioner has

preferred a second appeal against the judgment. In such

circumstances, the petitioner's remedy is to move an

appropriate application in the pending second appeal.

The Original Petition is hence closed, without prejudice

to the petitioner's right to move an application in the second

appeal seeking appropriate relief.

Sd/-

V.G.ARUN JUDGE RK OP(C) NO. 1812 OF 2021

APPENDIX OF OP(C) 1812/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 15.11.2018 IN I.A. NO. 1582/2018 IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P2 TRUE COPY OF THE INTERIM REPORT DATED 28.11.2018 FILED BY THE ADVOCATE COMMISSIONER IN I.A.NO. 1582/2018 IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P3 TRUE COPY OF THE ORDER DATED 20.12.2018 IN THE INTERIM REPORT OF THE ADVOCATE COMMISSIONER.

Exhibit P4 TRUE COPY OF THE INTERIM REPORT DATED 14.01.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P5            TRUE   COPY  OF   THE   OBJECTIONS   DATED
                      16.01.2019      SUBMITTED      BY      THE
                      PETITIONER/APPELLANT   ON    THE   INTERIM

REPORT DATED 14.01.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P6 TRUE COPY OF THE INTERIM REPORT DATED 17.01.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P7 TRUE COPY OF THE INTERIM REPORT DATED 23.01.2019 FILED BY THE ADVOCATE COMMISSIONER IN I.A. NO. 1582/2018 IN OP(C) NO. 1812 OF 2021

A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P8 TRUE COPY OF THE ORDER DATED 23.01.2019 IN I.A. NO. 65/2019 IN I.A.NO. 1582/2018 IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P9 TRUE COPY OF THE INTERIM REPORT DATED 04.09.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P10 TRUE COPY OF THE OBJECTIONS DATED 05.10.2019 FILED BY THE 1ST RESPONDENT AGAINST THE INTERIM REPORT DATED 04.09.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P11        TRUE   COPY  OF   THE   OBJECTIONS  DATED
                   09.12.2019       FILED        BY      THE

PETITIONER/APPELLANT AGAINST THE INTERIM REPORT DATED 04.09.2019 FILED BY THE ADVOCATE COMMISSIONER IN A.S. NO. 65/2006 ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P12 TRUE COPY OF THE ORDER DATED 12.02.2020 IN THE INTERIM REPORT OF ADVOCATE COMMISSIONER DATED 14.01.2019 IN A.S. NO. 65/2006, ON THE FILES OF SUB COURT, OTTAPALAM.

Exhibit P13 TRUE COPY OF THE PARTICULARS ABOUT R.S.A NO. 523/2020 DOWNLOADED FROM THE E- COURTS, HIGH COURT OF KERALA WEBSITE.