Kerala High Court
Prakasan vs Cheeku on 22 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
OP(C) NO. 769 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 351/2015 OF MUNSIFF
COURT, NORTH PARAVUR
PETITIONER/DEFENDANTS 1 AND 2:
1 PRAKASAN
AGED 65 YEARS, S/O MADHAVAN,
MATTUMMAL HOUSE, VATTEKATTUKUNNU,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
2 SASIKALA
AGED 61 YEARS, W/O PRAKASAN
MATTUMML HOUSE, VATTEKATTUKUNNU,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
BY ADVS.
M.G.JEEVAN
SANIYA JOSE MAMPILLY
RESPONDENT/ PLAINTIFFS & DEFENDANTS 3 TO 10:-
1 CHEEKU
AGED 73 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
2 ROSY
AGED 68 YEARS
KALATHIL HOUSE KUZHOOR DESOM, THIRUMUKULAM
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN - 680311
3 JOSE
AGED 70 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
OP(C) NO. 769 OF 2022
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4 LILLY
AGED 50 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU, PUTHENVELIKKARA
VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN
- 683594
5 SIJO
AGED 28 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU, PUTHENVELIKKARA
VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN
- 683594
6 ANI
AGED 25 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU, PUTHENVELIKKARA
VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN
- 683594
7 MARY
AGED 65 YEARS
VALAPPIL HOUSE, VATTEKATTUKUNNU, PUTHENVELIKKARA
VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN
- 683594
8 MARIYAMMA
AGED 65 YEARS
MUDICKAL HOUSE, PUTHENVELIKARA KARA,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
9 LALY
AGED 40 YEARS
MUDICKAL HOUSE, PUTHENVELIKKARA KARA,
PUTHENVELIKKARA VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683594
BY ADV V.RAJENDRAN (PERUMBAVOOR)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 769 OF 2022
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JUDGMENT
This Original Petition is filed with the following
prayers:-
"(a) An order or direction to the Munsiff Court N. Paravur
to issue certified copy of the order dt.7.4.2022 in
I.A.1/2020 in O.S.351/2015, urgently to petitioners,
(b) An order or direction till the certified copy of order
dt.7.4.2022 in I.A.1/2020 in O.S.351/2015, is obtained and
challenge is filed before appropriate forum, the
examination of the 1st respondent through Advocate
Commissioner scheduled to be held on 18.04.2022 is to
be deferred."
2. Heard both sides.
3. A report was obtained from the Munsiff's Court,
N. Paravur as to the present stage of the copy application
filed by the petitioners for getting a certified copy of the
order dated 07.04.2022 in I.A.No.1/2020 in
O.S.No.351/2015. It is reported that as there was no
urgent copy application, fair copy of the order was not
OP(C) NO. 769 OF 2022
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ready for issuance.
4. The Munsiff's Court, N.Paravur is directed to
issue certified copy of the order in I.A.No.1/2020 in
O.S.No.351/2015, as expeditiously as possible, at any rate
on or before 26.04.2022. Examination of the 1 st
respondent through the Advocate Commissioner is
deferred till 30.04.2022.
This Original Petition is disposed of accordingly.
Sd/-
K. BABU, JUDGE
kkj
OP(C) NO. 769 OF 2022
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APPENDIX OF OP(C) 769/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT IN O.S. NO.
459/2010 ON THE FILE OF MUNSIFF COURT,
NORTH PARAVUR DATED 19.10.2010
Exhibit P2 TRUE COPY OF WRITTEN STATEMENT FILED
BY THE DEFENDANTS 3 AND 4 IN O.S. NO.
459/2010 BEFORE THE MUNSIFF COURT,
NORTH PARAVOOR DATED 25.11.2011
Exhibit P3 TRUE COPY OF ADDITIONAL WRITTEN
STATEMENT FILED BY DEFENDNTS 3 AND 4
IN O.S. NO. 459/2010 BEFORE THE
MUNSIFF'S COURT, NORTH PARAVOOR DATED
4.3.2013
Exhibit P4 TRUE COPY OF JUDGMENT DATED 14.8.2012
IN O.S. NO. 459/2010 PASSED BY THE
MUNSIFF'S COURT, NORTH PARAVOOR
Exhibit P5 TRUE COPY OF JUDGMENT DATED 27.3.2013
IN O.S. NO. 459/2010 PASSED BY THE
MUNSIFF'S COURT, NORTH PARAVOOR
Exhibit P6 TRUE COPY OF JUDGMENT DATED 9.3.2016
IN A.S. NO. 103/2013 PASSED BY THE
ADDITIONAL DISTRICT COURT, NORTH
PARAVUR
Exhibit P7 TRUE COPY OF AMENDED PLAINT IN O.S.
NO. 351/2015 FILED BY THE 1ST
RESPONDENT BEFORE THE MUNSIFF COURT,
NORTH PARAVUR DATED 29.4.2015
Exhibit P8 TRUE COPY OF WRITTEN STATEMENT FILED
BY DEFENDANTS 1 AND 2 IN O.S. NO.
351/2015 BEFORE THE MUNSIFF'S COURT,
NORTH PARAVUR DATED 27.9.2016
Exhibit P9 TRUE COPY OF PETITION I.A. NO. 1/2020
IN O.S. NO. 351/2015 FILED BY THE
PLAINTIFF BEFORE THE MUNSIFF COURT,
NORTH PARAVUR DATED 20.10.2020
Exhibit P10 TRUE COPY OF COUNTER AFFIDAVIT FILED
BY 2ND RESPONDENT IN I.A. NO. 1/2020
IN O.S. NO. 351/2015 BEFORE THE
MUNSIFF COURT, NORTH PARAVUR DATED
OP(C) NO. 769 OF 2022
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7.7.2021
Exhibit P11 TRUE COPY OF PETITION FILED BY THE
PETITIONERS/ DEFENDANTS 1 AND 2 IN
I.A. NO. 9/2021 IN O.S. NO. 351/2015
BEFORE THE MUNSIFF'S COURT, NORTH
PARAVUR DATED 7.7.2021
Exhibit P12 TRUE COPY OF THE ORDER DATED 29.3.2022
IN O.P.(C) NO. 626/2022 PASSED BY THIS
HONOURABLE COURT
Exhibit P13 TRUE COPY OF NOTICE DATED 11.4.2022
ISSUED BY ADVOCATE COMMISSIONER IN
O.S. NO. 351/2015 ON THE FILE OF
MUNSIFF COURT, NORTH PARAVUR
Exhibit P14 TRUE COPY OF PROOF AFFIDAVIT FILED BY
THE PLAINTIFF IN O.S. NO. 351/2015
BEFORE THE MUNSIFF COURT, NORTH
PARAVUR DATED 1.2.2021
