Green Garden Herbals And Fruits ... vs Mathai K.M
2022 Latest Caselaw 1740 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                     OP(C) NO. 314 OF 2022
 AGAINST THE ORDER/JUDGMENT IN OPTR 6/2022 OF DISTRICT COURT &
                   SESSIONS COURT,THODUPUZHA
PETITIONERS/PETITIONERS NO.1 AND 2 AND 4 IN THE O P(TRAN):

    1     GREEN GARDEN HERBALS AND FRUITS PVT LTD
          A PRIVATE LTD, COMPANY, KARIMUTTY KARA,
          MARAYOOR VILLAGE, DEVIKULAM TALUK,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          JOY CHEMMALA ALIAS, CHEMMALA HOUSE, VILANGU KARA,
          VILANGU P O, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU
          TALUK, ERNAKULAM DISTRICT, PIN-683561.
    2     JOY CHEMMALA ALIAS
          S/O PAILY ALIAS, AGED 60 YEARS,
          CHEMMALA HOUSE, VILANGU KARA, VILANGU P O,
          KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK,
          ERNAKULAM DISTRICT, PIN-683561.
    3     ROBINSON PYNADATHU MATHEW
          AGED 46 YEARS
          S/O MATHEW, PYNADTHY HOUSE, KOTUVALLY KARA,
          KIZHAKKEPURAM, NORTH PARAVOOR,
          ERNAKULAM DISTRICT, PIN-683519.
          BY ADVS.
          P.B.KRISHNAN
          P.B.SUBRAMANYAN
          SABU GEORGE
          MANU VYASAN PETER


RESPONDENTS/RESPONDENTS AND PETITIONER NO.3 IN O.P.(TRAN):

    1     MATHAI K.M
          S/O.MATHAI, AGED 77 YEARS,
          RESIDING AT KOCHUKOONANICKAL HOUSE,
          PERIYAPURAM KARA, ONAKKOOR VILLAGE
          MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT
          PIN - 686 667
    2     MARY
          W/O.MATHAI, AGED 73 YEARS,
          RESIDING AT KOCHUKOONANICKAL HOUSE,
          PERIYAPURAM KARA, ONAKKOOR VILLAGE
          MUVATTUPUZHA TALUK,
          ERNAKULAM DISTRICT , PIN -686 667
 OP(C) NO. 314 OF 2022
                                    2

    3          SINDHU,
               W/O.JOSE, AGED 52 YEARS,
               RESIDING AT SRATHOTATHIL HOUSE,
               KURUMALA VILLAGE, SRATHOTATHIL HOUSE.
               THALAPPALLY TALUK. THRISSUR DISTRICT - PIN 680 586

    4          JOSE,
               H/O.SINDHU, AGED 55 YEARS,
               RESIDING SRATHOTATHIL HLU OSE, KURUMALA VILLAGE
               THALPPALLY TALUK, THRISSUR DISTRICT
               PIN-680 586
    5          LINDU MATHEW
               W/O.SAJU, AGED 44 YEARS,
               RESIDING AT KOORAN HOUSE, THURAVOOR VILLAGE,
               ALUVA TALUK, ERNAKULAM DISTRICT PIN 683 572
    6          SAJU
               H/O.LINDU MATHEW, AGED 47 YEARS
               RESIDING AT KOORAN HOUSE, THURAVOOR VILLAGE,
               ALUVA TALUK, ERNAKULAM DISTRICT PIN 683 572
    7          SARISH SATHEESAN
               S/O.SATHEESAN, AGED 31 YEARS,
               THOZHUTHUNKAL HOUSE,
               VILANGU P.O., ALUVA
               EDATHALA NORTH, ERNAKULAM DISTRICT
               PIN-683 561

        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 314 OF 2022
                                   3

                             JUDGMENT

Dated this the 16th day of February, 2022

The petitioners, who are petitioners in O.P (Tran).No.6/2022

pending before the District Court, Thodupuzha, are aggrieved in

the matter of non-disposal of the above transfer petition and also

non-granting of stay of the proceedings sought to be transferred.

2. Heard the learned counsel for the petitioner on

admission.

3. Since the prayer is only early disposal of O.P.(Tran)

No.6/2022 pending before the District Court, Thodupuzha, I am

inclined to dispense with notice to the other respondents.

Therefore, this Original Petition is allowed.

4. Therefore, there shall be a direction to the District

Judge, Thodupuzha to expedite hearing and disposal of O.P.

(Tran).No.6/2022 at the earliest, at any rate, within a period of two

months from the date of receipt of production of a copy of this

judgment. Till then, the trial and disposal of the cases covered by

O.P.(Trans) No.6/2022 shall stand stayed. The learned District

Judge, Thodupuzha is directed to expedite disposal of O.P.

(Tran).No.6/2022 so as to facilitate the trial of these cases either OP(C) NO. 314 OF 2022

jointly or separately at the earliest.

Registry is directed to forward a copy of this judgment to the

court below concerned, within seven days, for compliance and

information.

Sd/-

A. BADHARUDEEN JUDGE

nkr OP(C) NO. 314 OF 2022

APPENDIX OF OP(C) 314/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PLAINT DATED 10.02.2020 IN O.S.NO.31 OF 2020 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM.

Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 28.11.2021 IN O.S.O.31 OF 2020 ON TEH FILE OF THE MUNSIFF'S COURT, DEVIKULAM Exhibit-P3 TRUE COPY OF THE PLAINT DATED 28.05.2020 IN O.S.NO.10 OF 2020 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, DEVIKULAM. Exhibit-P4 TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH THE COUNTER CLAIM DATED 10.11.2020 IN O.S.NO.10 OF 2020 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, DEVIKULAM Exhibit-P5 TRUE COPY OF THE WRITTEN STATEMENT OF 2020 IN O.S.NO.10 OF 2020 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, DEVIKULAM ATED 20.06.2021 Exhibit-P6 TRUE COPY OF THE TRANSFER PETITION O.P.(TRAN) NO.6 OF 2022 ON THE FILE OF THE DISTRICT COURT, THODUPUZHA DATE D01.02.2022. Exhibit-P7 TRUE COPY OF THE I.A.NO.1 OF 2022 IN OP(TRAN) NO. 6 OF 2022 ON THE FILE OF THE DISTRICT COURT, THODUPUZHA DATED 01.02.2022. Exhibit-P8 TRUE COPY OF THE I.A.NO.2 OF 2022 IN O.P.

(TRAN).NO.6 OF 2022 ON TEH FILE OF THE DISTRICT COURT, THODUPUZHA ADATED 07.02.2022.