Santhosh A.C vs Feby
2021 Latest Caselaw 19241 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                      PRESENT
       THE HONOURABLE MR.JUSTICE V.G.ARUN
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD
                   BHADRA, 1943
              OP(C) NO. 1373 OF 2021
  AGAINST THE JUDGMENT IN OS 18/2021 OF MUNSIFF
         COURT,MUVATTUPUZHA, ERNAKULAM
PETITIONER:

        SANTHOSH A.C.
        AGED 44 YEARS
        S/O.CHACKO, AADUPARYIL HOUSE, KIZHAKOMBU
        KARA, KIZHAKOMBU P.O., KOOTHATTUKULAM
        VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM
        DISTRICT, PIN - 686 662 REP. BY POWER OF
        ATTORNEY HOLDER SALU JOSEPH, AGED 48,
        S/O.JOSEPH, MATHIRAPPALLIYIL HOUSE, AYAMANAM
        VILLAGE, AYAMANAM P.O., MARIYATHURUTHU KARA,
        KOTTAYAM DISTRICT, PIN- 686 015.

        BY ADVS.
        P.K.SREEVALSAKRISHNAN
        K.R.PRATHISH


RESPONDENT:

        FEBY
        AGED 40 YEARS
        S/O.CHACKO, AADUPARAYIL HOUSE, KIZHAKOMBU
        KARA, KIZHKOMBU P.O., KOOTHATTUKULAM VILLAGE,
        MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN -
        686 670.

        BY ADVS.
        ENOCH DAVID SIMON JOEL
        S.SREEDEV
        RONY JOSE
        SUZANNE KURIAN
        CIMIL CHERIAN KOTTALIL
 O.P(C)NO. 1373/2021             2



      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(C)NO. 1373/2021                      3




                           V.G.ARUN, J.
       ===========================
                OP(C) No.1373 of 2021
       ===========================
        Dated this the 14th day of September, 2021

                          JUDGMENT

Learned counsel appearing for the petitioner submits

that petitioner has received a certified copy of the order in

I.A.No.1 of 2021 in O.S.No.18 of 2021 from Munsiff Court,

Muvattupuzha and an appeal challenging that order has

been filed.

2. Learned counsel for the respondent submits that as

a matter of fact, the petitioner had received a copy of the

order on 01.09.2021, which fact was not brought to the

notice of this Court on 03.09.2021, when the interim order

was issued.

3. Now that the petitioner has resorted to appellate

remedy, I am not entering into the controversy as to

whether, receipt of the order on 01.09.2021 was suppressed

or not. Needless to say, that if he had received the order

on 01.09.2021, the petitioner had an obligation to bring

that fact to the notice of this court.

The OP is closed, leaving it open for the parties to

work out their remedies before the appellate court.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX OF OP(C) 1373/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.18 OF 2021 OF MUNSIFF COURT, MUVATTUPUZHA.

Exhibit P2 TRUE COPY OF THE I.A.NO.1 OF 2021 IN O.S.NO.18 OF 2021 OF MUNSIFF COURT, MUVATTUPUZHA.

Exhibit P3 TRUE COPY OF THE ORDER DATED 19/01/2021 IN I.A.NO.1 OF 2021 IN O.S.NO.18 OF 2021 OF MUNSIFF COURT, MUVATTUPUZHA.

Exhibit P4 TRUE COPY OF COUNTER AFFIDAVIT IS FILED BY THE DEFENDANT IN O.S.NO.18 OF 2021 OF MUNSIFF COURT, MUVATTUPUZHA.

Exhibit P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED 06/06/2016 OF CHACKO ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCE HOSPITAL.

Exhibit P6 TRUE COPY OF THE PRINTOUT OF THE PROCEEDINGS OF THE DISMISSAL ORDER DATED 10.8.2021 IN IA NO.1 OF2021 OS NO 18 OF 2021 IN MUNSIFF COURT MUVATTUPUZHA EXTRACTED FROM THE ECOURT WEBSITE