Biji Babu vs Balachandra Panicker
2022 Latest Caselaw 1760 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
    WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                        OP(C) NO. 1624 OF 2020
     AGAINST THE ORDER IN OS 142/2017 OF MUNSIFF COURT, RANNY
PETITIONERS:

    1     BIJI BABU,
          AGED 41 YEARS,
          W/O. LATE P.R.BABU, RESIDING AT VISWABHAVANAM,
          NILACKAL, PAMPA THRIVENI P.O., PERUNAD VILLAGE,
          RANNY TALUK,PIN-689 662
    2     SREE LAKSHMI,
          AGED 17 YEARS (MINOR),
          D/O. LATE P.R.BABU, RESIDING AT VISWABHAVANAM,
          NILACKAL, PAMPA THRIVENI P.O., PERUNAD VILLAGE,
          RANNY TALUK,REP.BY NEXT FRIEND, BIJI BABU,
          RESIDING AT VISWABHAVANAM, NILACKAL,
          PAMPA THRIVENI P.O., PERUNAD VILLAGE,
          RANNY TALUK,PIN-689 662
    3     SREE NANDHA,
          AGED 14 YEARS (MINOR),
          D/O. LATE P.R. BABU, RESIDING AT VISWABHAVANAM,
          NILACKAL, PAMPA THRIVENI P.O., PERUNAD VILLAGE,
          RANNY TALUK,REP.BY NEXT FRIEND BIJI BABU,
          RESIDING AT VISWABHAVANAM, NILACKAL,
          PAMPA THRIVENI P.O., PERUNAD VILLAGE,
          RANNY TALUK,PIN-689 662
          BY ADV M.NARENDRA KUMAR


RESPONDENTS:

    1     BALACHANDRA PANICKER,
          AGED ABOUT 54 YEARS,
          S/O. LATE RAVINDRA PANICKER, RESIDING AT VISWABHAVANAM,
          NILACKAL, THULAPALLY P.O, PERUNAD VILLAGE,
          RANNY TALUK,PIN-689 662
    2     AMBILI MOL,
          AGED 44 YEARS,
          W/O. SUJAS, NEDUMGALIL HOUSE, PAMBA P.O., NILACKAL,
          THULAPALLY P.O., PERUNAD VILLAGE,
          RANNY TALUK, PIN-689 662
    3     BINDU MOL,
          AGED 41 YEARS,
          W/O.VIJAYA KUMAR, MULAKILETHU HOUSE,
          PUTHENCHANTHA P.O.,
          VALLIKUNNAM VILLAGE,
          MAVELIKKARA TALUK,
          ALAPPUZHA DISTRICT,PIN-690 501
 O.P(C) No.1624 of 2020
                                2


      4       ALEXANDER JOSEPH,
              AGED 48 YEARS,
              S/O. C.S.JOSEPH, CHALLAVAYALIL,
              THALUMKAL P.O., KOOTTIKKAL VILLAGE,
              KOTTAYAM DISTRICT,PIN-686 514
      5       RAJENDRA PANICKER,
              AGED 60 YEARS,
              S/O. RAVINDRA PANICKER, VISWABHAVANAM,
              NILACKAL, THULAPALLY. P.O., PERUNAD VILLAGE,
              RANNY TALUK,PIN-689 662

              BY ADV SRI.V.PHILIP MATHEW


          THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(C) No.1624 of 2020
                                           3




                                 K.BABU, J.
                 --------------------------------------
                          O.P(C) No.1624 of 2020
                ---------------------------------------
                  Dated this the 16th day of February, 2022

                                    JUDGMENT

The prayers in the Original Petition filed under Article 227 of

the Constitution of India are as follows:

"(i) Set aside Ext.P4 directing discharge of the receiver and deposit of Rs.1,03,695/-

(ii) Stall all further proceedings pursuant to Ext.P4 in O.S.No.142/2017 in the Court of Munsiff, Ranni till the disposal of the final decree proceedings in it.

(iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The petitioners are defendants 1 to 3 in O.S.No.142/2017

on the file of the Munsiff's Court, Ranny. Respondents 1 to 3 are

the plaintiffs. The other respondents are defendants 4 and 5. The

suit was instituted for partition of plaint 'A' and 'B' schedule

properties. The suit was decreed as per Ext.P1 judgment and

decree. The petitioners/defendants 1 to 3 preferred

A.S.No.61/2019 and respondent No.5 herein preferred

A.S.No.62/2019 challenging Ext.P1 judgment and decree before O.P(C) No.1624 of 2020

the District Court, Pathanamthitta.

3. During the course of proceedings in the Trial Court,

petitioner No.1/defendant No.1 was appointed as Receiver in

respect of the Hotel business in the shop room in plaint 'A'

schedule property. As per Ext.P3 judgment in O.P(C).No.2419/2019

this Court directed that the Receiver could continue only till the

disposal of the suit. As per Ext.P4 order, the Receiver was

discharged. This Original petition is filed challenging Ext.P4

order discharging the receiver and for other reliefs.

4. Heard both sides.

5. The learned counsel for the petitioners, during the

course of argument, submitted that he is only pressing for a

direction to the District Court, Pathanamthitta to dispose of the

appeals challenging Ext.P1 judgment and decree in a time bound

manner.

6. The Registry was directed to obtain reports from the

District Court, Pathanamthitta. It is reported that the appeals are

ripe for hearing.

O.P(C) No.1624 of 2020

7. The District Court, Pathanamthitta shall dispose of

A.S.Nos.61/2019 and 62/2019 within a period of three months from

today (16.02.2022). The Registry is directed to forward a copy of

this judgment to the District Court, Pathanamthitta.

The Original Petition is disposed of as above.

Sd/-

K.BABU, JUDGE KAS O.P(C) No.1624 of 2020

APPENDIX OF OP(C) 1624/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 15.06.2019 IN OS NO.147/2017 IN THE COURT OF MUNSIFF, RANNY EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 20.03.2018 IN OPC NO.2744/2017 IN THE HON'BLE HIGH COURT OF KERALA EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 10.03.2020 IN OPC NO.2419/2019 IN THE HON'BLE HIGH COURT OF KERALA EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 09.09.2020 IN OS NO.142/2017 IN THE COURT OF MUNSIFF, RANNY