Musthafa P.K vs Raveendran Nair
2022 Latest Caselaw 2402 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                     OP(C) NO. 406 OF 2022
 AGAINST THE ORDER/JUDGMENT IN OS 32/2021 OF SUB COURT,
                               MANJERI
PETITIONER/PLAINTIFF:

            MUSTHAFA P.K, AGED 65 YEARS,
            SON OF MAMMICHA HAJI, POOKKODAN HOUSE,
            HOSPITAL ROAD, PERINTHALMANNA,
            MALAPPURAM DISTRICT, PIN - 679322.

            BY ADVS.
            SRI.K.M.SATHYANATHA MENON
            SMT.KAVERY S THAMPI

RESPONDENT/DEFENDANT:

            RAVEENDRAN NAIR, AGED 65 YEARS,
            SON OF KRISHNAN, MANAGING DIRECTOR,
            M/S.WALTZ HOSPITALS PVT LTD.,
            AL MARFA TOWER, MANNARKAD ROAD,
            PERINTHALMANNA P.O., PIN-679322,

            HAVING PERMANENT RESIDENCE AT
            RATNAM HOUSE NO.58, PTP NAGAR,
            THIRUVANANTHAPURAM, PIN - 695038.
            Email:[email protected]


     THIS    OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
02.03.2022,    THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C) No.406 of 2022
                                  2




                            JUDGMENT

In this case, the prayer that has been

canvassed by the petitioner, who is the

plaintiff in O.S.No.32/2021, on the file of

the Sub Court, Manjery, are as under:

i) to direct the Sub Court, Manjeri to permit the petitioner to take out notice to the respondent/defendant in O.S.No:32/2021 to his email address or to his whatsapp No: 9562456777 and 8589990888 which respondent is using or any other means to ensure completion of service of notice in O.S.No:32/2021 on the files of Sub Court, Manjeri;

ii) to grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of the case.

iii) to allow the Original Petition (Civil) with costs.

2. When the matter is taken up for

hearing, a question was put to the learned

counsel for the petitioner as to whether the

petitioner filed any petition under Order 5

Rule 20 of CPC, canvassing substituted service OP(C) No.406 of 2022

against the defendant. The learned counsel

fairly conceded that no such application filed

so far.

Therefore, this Original Petition is

disposed of with a direction to the petitioner

/plaintiff to file a petition under Order 5

Rule 20 of CPC for substituted service against

the defendant as per law. In such event, the

learned Munsiff shall consider the same on

merits on complying the mandate of Order 5

Rule 20 of CPC, without fail.

Sd/-

A.BADHARUDEEN, JUDGE.

ww OP(C) No.406 of 2022

APPENDIX OF OP(C) 406/2022

PETITIONER'S EXHIBITS:

EXHIBIT1 TRUE COPY OF THE PLAINT IN O.S NO:

32/2021 ON THE FILES OF THE SUB COURT, MANJERI.

EXHIBIT2 TRUE COPY OF THE JUDGMENT DATED 9.04.2021 IN W.P (C) NO: 3256/2021.