Rani [email protected] Rani Krishna vs T.L.Lalithambika
2022 Latest Caselaw 197 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                      OP(C) NO. 49 OF 2022
        AGAINST THE ORDER/JUDGMENT IN OS 45/2020 OF SUB
                       COURT,KOTTARAKKARA
PETITIONER/5TH DEFENDENT:

          RANI [email protected] RANI KRISHNA,
          AGED 43 YEARS
          D/O.A.R.MEENAKSHI AMMA,
          KRISHNANJANAM, KUNNIKODU P.O.,
          VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
          PIN-691 508.
          BY ADVS.
          K.S.BHARATHAN
          ALPHIN ANTONY
          AADITHYAN S.MANNALI
          VISAKH ANTONY
          ABEL ANTONY
          CHRISTINE MATHEW
          RANCE R.


RESPONDENTS/PLAINATIFF/DEFENDANTS 1 TO 4 AND 6:

    1     T.L.LALITHAMBIKA,
          AGED 76 YEARS
          W/O.LATE BALAKRISHNA PILLAI,
          KRISHNA VILASOM BUNGLOW,
          AREEKKAL BHAGAM VENDAR, NEDUVATHOOR VILLAGE,
          KOTTARAKKARA TALUK, PIN-691 507.

    2     DR.M.R.BINDU,
          AGED 52 YEARS
          W/O.LATE K.B.RADHAKRISHNAN,
          KRISHNA VILASOM BUNGLOW,
          AREEKKAL BHAGAM VENDAR, NEDUVATHOOR VILLAGE,
          KOTTARAKKARA TALUK, PIN-691 507.

    3     GAUTHAM KRISHNA,
          AGED 22 YEARS
          S/O.LATE K.B.RADHAKRISHNAN,
          KRISHNA VILASOM BUNGLOW,
          AREEKKAL BHAGAM VENDAR, NEDUVATHOOR VILLAGE,
          KOTTARAKKARA TALUK, PIN-691 507.
 OP(C) NO.49 OF 2022
                                    2

    4          HRIDIK KRISHNA,
               AGED 18 YEARS
               S/O.LATE K.B.RADHAKRISHNAN,
               KRISHNA VILASOM BUNGLOW,
               AREEKKAL BHAGAM VENDAR, NEDUVATHOOR VILLAGE,
               KOTTARAKKARA TALUK, PIN-691 507.

    5          A.R.MEENAKSHI AMMA,
               AGED 73 YEARS
               W/O.REGUNATHA PANICKR,
               KRISHNANJANAM, KUNNIKODU P.O.,
               VILAKKUDY VILLAGE,
               PATHANAPURAM TALUK, PIN-691 508.

        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.49 OF 2022
                                  3

                             JUDGMENT

Dated this the 11th day of January, 2022

The petitioner, who is the 5th defendant in O.S.No.45/2020, is

aggrieved since the Sub Court, Kottarakara not granted time to file

written statement though a specific application has been filed

seeking time to file a written submission. Aggrieved by the non-

consideration of Ext.P2, the petitioner filed this original petition

under Article 227 of the Constitution of India.

2. Heard on admission.

3. It is submitted by the learned counsel for the petitioner

that in the petition also, the petitioner not disclosed what is the

period which the defendant required to file the written statement.

When the learned counsel was asked how much time the petitioner

wants to file written statement, the learned counsel sought for

three months time.

4. Admittedly, as submitted by the learned counsel for the

petitioner, summons in this case was received during January,

2021. Now one year period already had been elapsed. Thus, it

appears that the statutory period mandated by the Code of Civil

Procedure has been elapsed much earlier. However, in the interest OP(C) NO.49 OF 2022

of justice, I am inclined to grant 45 days time from today to the

petitioner to file the written statement. No further extension will be

granted.

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

trial court within seven days for information.

The Original Petition (Civil) stands disposed of.

Sd/-

A. BADHARUDEEN JUDGE nkr OP(C) NO.49 OF 2022

APPENDIX OF OP(C) 49/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.45/2020 ON THE FILES OF SUB COURT, KOTTARAKKARA DATED 12.11.2020 EXHIBIT P2 TRUE COPY OF APPLICATION ALONG WITH THE AFFIDAVIT DATED 08.12.2021 EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF SUB COURT, KOTTARAKKARA DATED 08.12.2021