K. V. Bhaskaran Nair vs D. Prasanna Kumari
2022 Latest Caselaw 1894 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                      OP(C) NO. 340 OF 2022
    (AGAINST THE ORDER IN IA No.6/2022 IN OS 1055/2014 OF THE
 PRINCIPAL MUNSIFF'S COURT ,THIRUVANANTHAPURAM DATED 11.02.2022)
PETITIONERS/PETITIONERS/DEFENDANTS

    1     K.V BHASKARAN NAIR, S/O DEVAKI AMMA, RESIDING AT TC-
          2/2127(4), PATTOM PALACE P.O, THIRUVANANTHAPURAM.
    2     D. SANTHAKUMARI AMMA, D/O DEVAKI AMMA, RESIDING AT
          'VINAYAKA', ADARAH NAGAR, POOTTAKUZHY, PATTOM PALACE
          P.O, THIRUVANANTHAPURAM.
    3     K.V RAMACHANDRAN NAIR, S/O DEVAKI AMMA, RESIDING AT
          'LATHA BHAVAN', GANDHIPURAM, SREEKARIYAM P.O,
          THIRUVANANTHAPURAM.
    4     K.V UNNIKRISHNAN NAIR, S/O DEVAKI AMMA, RESIDING AT
          'USHUS', TC-25/3232-1, VANCHIYOOR P.O,
          THIRUVANANTHAPURAM.
          BY ADVS.
          M.RAMESH CHANDER (SR.)
          BALU TOM
          BONNY BENNY
          GOVIND G. NAIR
          BEJOY JOSEPH P.J.


RESPONDENT/APPELLANT/PLAINTIFF

          D. PRASANNA KUMARI
          D/O DEVAKI AMMA, RESIDING AT PTRA-80, KEEZHPALOOR
          VEEDU, TC-12/424, PATTOM PALACE P.O - 695 004,
          THIRUVANANTHAPURAM.

    THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.340 OF 2022

                                   2

                            JUDGMENT

The defendants in O.S. No. 1055/2014 on the file of the

Principal Munsiff's Court, Thiruvananthapuram are aggrieved by

order dated 11.02.2022 in I.A No. 6/2022 and accordingly they have

filed this original petition under Article 227 of the Constitution of

India.

2. Heard the learned counsel for the petitioners. Petitioners

who are the defendants in above suit filed a petition to summon

Principal, Government Law College, Thiruvananthapuram to prove

that PW3, who was the scribe of a registered Will in question and

one Rajesh, the son of the plaintiff, were studied together in the

context of evidence given by PW3 that he didn't know Rajesh.

3. In fact, the fact in issue in this case is the proof of the

Will alleged to be executed by the mother of the plaintiff in favour of

the plaintiff, drafted by PW3. The intention behind filing this

petition is to prove that PW3 said lie before the court in the matter

of familiarity with Rajesh though both of them studied together. O.P.(C)No.340 OF 2022

4. Though the learned counsel pressed for allowing the

original petition, after setting aside the order impugned, I am not

convinced. The reason is, I do not think that the said evidence is

absolutely necessary to prove the Will in question. Thus the learned

Munsiff rightly dismissed the petition. Therefore, I am not inclined

to allow the petition. However, the learned counsel for the

petitioners submitted that the observation in the order would

prejudice the right of the defendants to conduct the case and

therefore, the same may be addressed. In view of the submission, it

is ordered that the learned Munsiff shall appraise the evidence

while deciding the same untrammelled by the observations in the

order impugned and genuineness of the Will shall be decided based

on the evidence available.

This original petition is disposed of.

Sd/-

A. BADHARUDEEN, JUDGE

Cak O.P.(C)No.340 OF 2022

APPENDIX OF OP(C) 340/2022

PETITIONER EXHIBITS Exhibit P1 PHOTOSTAT COPY OF THE PLAINT FILED BY THE RESPONDENT DATED 02.06.2014.

Exhibit P2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS DATED 30.09.2014. Exhibit P3 PHOTOSTAT COPY OF THE AMENDED PLAINT FILED BY THE RESPONDENT DATED 02.06.2014.

Exhibit P4 PHOTOSTAT COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY THE PETITIONERS DATED 03.01.2017.

Exhibit P5 PHOTOSTAT COPY OF THE DEPOSITION OF PW2 DATED 01.02.2022.

Exhibit P6 PHOTOSTAT COPY OF THE DEPOSITION OF PW3 DATED 01.02.2022.

Exhibit P7 PHOTOSTAT COPY OF THE I.A.NO.06/2022 IN OS.NO.1055/2014 ALONG WITH THE SCHEDULE, FILED BEFORE THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM DATED 02.02.2022.

Exhibit P8                PHOTOSTAT    COPY    OF   THE     ORDER    IN
                          I.A.NO.6/2022   IN   OS.1055/2014    OF   THE
                          PRINCIPAL          MUNSIFF'S           COURT,

THIRUVANANTHAPURAM DATED 11.2.2022.

//TRUE COPY// PA TO JUDGE