Kerala High Court
Dr.Agnes George vs Ajith Kumar on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
TR.P(C) NO. 47 OF 2022
AGAINST THE ORDER IN OS 8/2019 OF SUB COURT, CHERTHALA
PETITIONERS/PLAINTIFFS :
1 DR.AGNES GEORGE,
AGED 69 YEARS
W/O. LATE LOUIS GEORGE,
RESIDING AT VILLUKEERI VALIYAVEETTIL HOUSE,
OUR LADY'S HOSPITAL COMPOUND,
KACHEIPADY, EDAKOCHI VILLAGE,
PALLURUTHY, KOCHI-682006.
2 DR. LOUIS JUDY GEORGE,
AGED 41 YEARS
S/O. LATE DR.LOUIS GEORGE, RESIDING AT
VILLUKEERI VALIYAVEETTIL HOUSE,
OUR LADY'S HOSPITAL COMPOUND, KACHEIPADY,
EDAKOCHI VILLAGE, PALLURUTHY, KOCHI-682006.
REPRESENTED BY POWER OF ATTORNEY OF HOLDER
DR.AGNAS GEORGE, AGED 69 YEARS,
W/O. LATE LOUIS GEORGE RESIDING AT VILLUKEERI
VALIYAVEETTIL HOUSE, OUR LADY'S HOSPITAL
COMPOUND, KACHEIPADY,
EDAKOCHI VILLAGE, PALLURUTHY,
KOCHI-682006.
3 DR. PATRICK GEORGE,
AGED 35 YEARS
W/O. LATE DR.LOUIS GEORGE, RESIDING AT
VILLUKEERI VALIYAVEETTIL HOUSE,
OUR LADY'S HOSPITAL COMPOUND, KACHEIPADY,
EDAKOCHI VILLAGE, PALLURUTHY,
KOCHI-682006,
NOW RESIDING OPPOSITE TO JALAVAYU VIHAR,
NAVAL QUARTES, MUNDAMVELI, KOCHI-682507.
REPRESENTED BY POWER OF ATTORNEY OF HOLDER
DR.AGNAS GEORGE,
AGED 69 YEARS,
Tr.P.(C)No.47 of 2022 ..2..
W/O. LATE LOUIS GEORGE RESIDING AT VILLUKEERI
VALIYAVEETTIL HOUSE, OUR LADY'S HOSPITAL
COMPOUND, KACHEIPADY, EDAKOCHI VILLAGE,
PALLURUTHY, KOCHI-682006.
BY ADV K.P.UNNI
RESPONDENTS/DEFENDANTS :
1 AJITH KUMAR,
AGED ABOUT 48 YEARS,
S/O. HAREENDRANATH, RESIDING NEAR KOTHOLINGO
COMPOUND, S.P. PURAM COLONY, KOCHI-682006,
NOW RESIDING AT SANTHI NIVAS, CHULLICKAL,
KOCHI-682005.
2 MANJU BALA,
AGED ABOUT 45 YEARS
W/O. AJITH KUMAR, RESIDING NEAR KOTHOLINGO
COMPOUND, S.P. PURAM COLONY, KOCHI-682006,
NOW RESIDING AT SANTHI NIVAS,
CHULLICKAL, KOCHI-682005.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P.(C)No.47 of 2022 ..3..
A.BADHARUDEEN, J.
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Tr.P.(C)No.47 of 2022
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Dated this the 25th day of January, 2022
ORDER
In this case, the plaintiff in O.S.No.8 of 2019
pending before the Sub Court, Cherthala sought transfer
the same to the Sub Court, Kochi highlighting their
convenience on alleging that the respondents herein are
dragging the suit. It is alleged further that the Sub Judge,
Cherthala is not showing interest to dispose of the matter
within the time frame fixed.
2. At the time of hearing, it was noticed that
this Court directed the Sub Court, Cherthala to dispose of
the suit within six months. Since it was found that the
order of this Court was not obeyed by the learned Sub
Judge, a report of the learned Sub Judge has been called
Tr.P.(C)No.47 of 2022 ..4..
for. As per the report placed along with the case bundle, it
appears that the learned Sub Judge is so lenient in the
matter of adjourning the case ignoring the specific
direction given by this Court. It is seen that the plaintiff
also not shown any interest to proceed with this matter
and the plaintiff sought time for payment of balance court
fee and also sought adjournments repeatedly without
giving evidence. Thereafter, this petition was filed to
transfer the case.
3. On appraisal of the facts read along with
the letter given by the learned Sub Judge, I am not
inclined to allow this petition. Therefore, this petition for
transfer stands dismissed.
4. However, the learned Sub Judge is directed
to dispose of the matter on or before close of summer
vacation and the plaintiff is specifically directed to appear
before the Court on 04.02.2022 for giving evidence and
the court below is directed to list the matter in the special
Tr.P.(C)No.47 of 2022 ..5..
list on that day after giving notice to the other side.
5. The reluctance on the part of the learned
Sub Judge to obey the order of this Court by finding
excuse on the attitude of the parties cannot be justified
and the same is noted with extreme displeasure.
The learned Sub Judge is directed to expedite
the trial and disposal of this case within the time frame
now fixed to avoid contempt of court proceedings as well
as disciplinary proceedings.
Forward a copy of this order to the trial court by
e-mail today itself, apart from forwarding a physical copy
of the judgment within three days.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
Tr.P.(C)No.47 of 2022 ..6..
APPENDIX OF TR.P(C) 47/2022
PETITIONER ANNEXURES
Annexure I THE COPY OF THE SALE DEED BEARING
NO.3239/1/15 OF SRO, PANAVALLY DATED
30/12/2015.
Annexure II THE COPY OF THE STATEMENT ISSUED BY
DHANALAKSHMI BANK DATED 01/02/2016 TO
2/04/2016.
Annexure III THE COPY OF THE JUDGMENT OP(C)
NO.112/2021 DATED 26/03/2021.
Annexure IV THE COPY OF THE OP(C) NO.1958/2021
FILED BY THE RESPONDENTS AND OBTAINED
THE INTERIM STAY DATED 01/11/2021.
Annexure V THE COPY OF THE STATEMENT OF
ALLEGATION REGARDING THE COURT FEES
FILED BY THE RESPONDENTS DATED
01/11/2021.
Annexure VI THE COPY OF THE REPLY FILED BY THE
PETITIONER AGAINST THE ALLEGATION
DATED 13/11/2021.
Annexure VII THE COPY OF THE REVIEW PETITION FILED
BY THE PETITIONER AGAINST THE ORDER
DATED 27/11/2021.
Annexure VIII THE COPY OF THE AMENDMENT PETITION
FILED BY THE PETITIONER DATED
27/11/2021.
Annexure IX CERTIFIED COPY OF PLANT IN OS
NO.8/2019 OF SUB COURT, CHERTHALA
DATED 11/04/2019.
