Chithra.V vs K.B.Vijayan
2022 Latest Caselaw 9273 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       EX.FA NO. 5 OF 2022
AGAINST THE ORDER DATED 13.01.2022 IN EA.277/2016 IN EP 86/2015 OF
                    SUB COURT, PATHANAMTHITTA


APPELLANT/CLAIM PETITIONER/CLAIMANT:

          CHITHRA.V,
          D/O. REMANI, VATTAMUKADIYIL HOUSE,
          KOTTAMURI P.O, KIDANGANOOR VILLAGE,
          KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT- 686 105.

          BY ADVS.
                D.KISHORE
                MEERA GOPINATH
                R.MURALEEKRISHNAN (MALAKKARA)



RESPONDENTS/RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR:

    1     K.B.VIJAYAN,
          S/O. BHASKARAN, PUTHENPURACKAL HOUSE,
          CHINNAR P.O, CHINNARKARA,
          ELAPPARA VILLAGE, PEERUMADE TALUK,
          IDUKKI DISTRICT - 685 531.

    2     REMESH KUMAR,
          S/O. VASUDEVAN PILLAI, VATTAKUKADIYIL HOUSE, KOTTA MURI
          AND KOTTA P.O, KIDANGANOOR VILLAGE, KOZHENCHERY TALUK,
          PATHANAMTHITTA DISTRICT -689 641.

          BY ADV.P.VINODKUMAR - R2


     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON
30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  EX.FA NO. 5 OF 2022

                                     2



                              JUDGMENT

In the claim petition preferred by the

appellant at the execution stage, without any

instruction and written consent, a memo was filed

by the counsel to the effect that there is no

oral or documentary evidence for the claim

petitioner and that he is not pressing the

documents which were produced on 03.10.2018.

Consequently, the claim petition was dismissed

by the trial court. The said act of counsel for

the claim petitioner is really against the

solemn duty vested with him. In fact, it is

against the principle of advocacy. The solemn

duty vested with the counsel is thereby misused.

The trial court, on the basis of the memo,

dismissed the claim petition and thereby became

a silent spectator to the mischief done by the

counsel. Hence, the order will stand set aside EX.FA NO. 5 OF 2022

and the matter is remanded back to the trial

court for fresh disposal. The parties shall

appear before the trial court on 30.08.2022. The

appeal is allowed accordingly. No costs.

Sd/-

P.SOMARAJAN JUDGE SPV EX.FA NO. 5 OF 2022

APPENDIX OF EX.FA 5/2022

PETITIONER ANNEXURES

Annexure i THE TRUE COPY OF DOCUMENT NO.

1434/1998 OF ARANMULA S.R.O.

Annexure ii TRUE COPY OF THE TRUE CERTIFIED COPY OF DOCUEMENT NO. 3779/1969 OF ARANMULA S.R.O.

Annexure iii TRUE COPY OF THE TRUE CERTIFIED COPY OF DOCUMENT NO. 518/2010 OF ARANMULA S.R.O.

RESPONDENT'S ANNEXURES: NIL

//TRUE COPY//

PA TO JUDGE