Cardinal Padiyara Public School vs John Paul
2022 Latest Caselaw 8770 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                         THE HONOURABLE MR.JUSTICE C.S.DIAS

               THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

                               OP(C) NO. 1108 OF 2022

   AGAINST THE ORDER/JUDGMENT IN AS 75/2021 OF ADDITIONAL DISTRICT COURT -I,

                                      KOTTAYAM

         OS 486/2010 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, KOTTAYAM

PETITIONERS:

     1         CARDINAL PADIYARA PUBLIC SCHOOL,
               MANIMALA BHAGOM, VADAKARA MURI,
               VELLAVOOR VILLAGE,
               REPRESENTED BY BASIL JOSEPH, AGED 61 YEARS,
               S/O JOSEPH, PADIYARA HOUSE,
               MANIMALA BHAGOM, VADAKARA MURI,
               VELLAVOOR VILLAGE.- 686541.,
     2         BASIL JOSEPH,
               AGED 61 YEARS,
               S/O JOSEPH, PADIYARA HOUSE,
               MANIMALA BHAGOM, VADAKARA MURI,
               VELLAVOOR VILLAGE. PIN - 686541
               BY ADV SERGI JOSEPH THOMAS


RESPONDENT:

               JOHN PAUL
               AGED 48 YEARS,
               S/O PAUL J ALUMKAL, ALUMKAL HOUSE,
               NEDUMANNY BHAGAOM, KANGAZHA KARA,
               KANGAZHA VILLAGE.- 686542

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1108 of 2022

                                   2




                            JUDGMENT

Dated this the 07th day of July, 2022

The original petition is filed to direct the

Court of the Additional District Judge-I, Kottayam, to

consider and dispose of I.A.Nos. 1 and 2 of 2021 filed

in A.S.No.75 of 2021 within a time frame.

2. Pursuant to the order dated 24.06.2022,

passed by this Court, the learned Additional District

Judge-I, Kottayam, by communication dated

06.07.2022, has informed this Court that the above

applications are filed in the appeal, to condone the

delay of 1171 days in filing the appeal and to stay the

impugned decree. Initially, the petitioners had not

taken steps to effect service of notice on the

respondent. Later, on 16.06.2022, the Appellate Court

had directed the petitioners to take steps. Now, steps O.P.(C)No.1108 of 2022

have been taken and notice has been served on the

respondent. The case now stands posted to

01.08.2022. However, the court below is prepared to

dispose of the above applications within a period of one

month from the date of appearance of the parties.

3. Heard; Sri.Sergi Joseph Thomas, the learned

counsel appearing for the petitioners and Sri.John Paul,

the party-in-person - the respondent.

4. In the light of the pleadings and the materials

on record and the above mentioned communication of

the learned District Judge, Kottayam, in exercise of the

supervisory powers of this Court, under Article 227 of

the Constitution of India, I direct the Court of the

Additional District Judge-I, Kottayam, to advance the

hearing date and call I.A.Nos. 1 and 2 of 2021 in

A.S.No.75 of 2021 on 25.07.2022 at 11.00 a.m. The

respondent has undertaken to be present before the

court below. The court below shall give the respondent O.P.(C)No.1108 of 2022

an opportunity to file his counter statements to the

above applications. Thereafter, the court below shall

consider and dispose of I.A.Nos. 1 and 2 of 2021 in

A.S.No.75 of 2021, in accordance with law, after

affording both the petitioners and the respondent, an

opportunity of being heard, as expeditiously as possible

at any rate on or before 12.08.2022. Until such time

orders are passed on the above applications, all further

proceedings in F.D.A. No.1517/2018 in

O.S.No.486/2010 of the Court of the Principal

Subordinate Judge, Kottayam, shall stand deferred.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS Judge

NR/07/07/2022 O.P.(C)No.1108 of 2022

APPENDIX

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31/07/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P2 TRUE COPY OF F.D.A. NO.1517/2018 IN O.S. NO.

486/2010 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P3 TRUE COPY OF A.S. NO. 75/2021 PENDING BEFORE THE DISTRICT COURT, KOTTAYAM Exhibit P4 TRUE COPY OF I.A. NO.1/2021 IN A.S. NO. 75/2021 ON THE FILES OF THE DISTRICT COURT, KOTTAYAM Exhibit P5 TRUE COPY OF I.A. NO.2/2021 IN A.S. NO. 75/2021 ON THE FILES OF THE DISTRICT COURT, KOTTAYAM Exhibit P6 TRUE COPY OF THE APPLICATION DATED 16/12/2021 SUBMITTED BY THE PETITIONERS BEFORE THE SUB COURT, KOTTAYAM Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24/01/2022 IN O.P. (C) NO. 2339 OF 2021 Exhibit P8 TRUE COPY OF THE ORDER DATED 09/03/2022 IN F.D.A. NO. 1517/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM Exhibit P9 TRUE COPY OF THE COMMISSION ORDER DATED 02/06/2022 IN F.D.A. NO. 1517/2018 IN O.S. NO. 486/2010 OF THE PRINCIPAL SUB COURT, KOTTAYAM