Kerala High Court
K.T.Dominic vs Rosily Poulose on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
OP(C) NO. 408 OF 2022
AGAINST THE ORDER IN IA 8/2022 AND IA 9/2022 IN OS 6/2019 OF I
ADDITIONAL SUB COURT, ERNAKULAM
PETITIONER/2ND PETITIONER/DEFENDANT NO.2:
K.T.DOMINIC, AGED 64 YEARS,
S/O.LATE THOMAS, KANJIRAPARAMBIL KOCHUVEETTIL,
CHUTTUPADUKARA, EDAPPALLY NORTH VILLAGE,
EDAPPALLY P.O., ERNAKULAM DISTRICT-682 024.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 ROSILY POULOSE, AGED 63 YEARS, D/O.LATE THOMAS,
W/O.K.T.POULOSE, KANNAMPUZHA HOUSE,
ANGAMALI SOUTH P.O., CHAMPANNOOR, ERNAKULAM-683 573.
2 SOFI FRANCIS, AGED 59 YEARS, D/O LATE THOMAS,
VELIPARAMBIL HOUSE, CHERANELLOOR P.O.KOCHI-682 034.
3 STELLA ANTONY, AGED 57 YEARS, D/O LATE THOMAS,
PADUTHURUTHY HOUSE, ELOOR NORTH, UDHYOGAMANDAL,
ERNAKULAM-683 501.
4 SHEELA JAMES, AGED 56 YEARS, D/O LATE THOMAS,
ANJUTHAIKKAL HOUSE, TRIPUNITHURA,
OPP.GIRLS HIGH SCHOOL, ERNAKULAM-682 301.
BY ADV. JOHNSON ABRAHAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.408 OF 2022
2
JUDGMENT
In this Original Petition filed under
Article 227 of the Constitution of India, the
petitioner, who is the 2nd defendant, in
O.S.No.6/2019 on the file of Subordinate Judge,
Ernakulam is aggrieved by the common order in
I.A.Nos.8/2022 and 9/2022, whereby the prayer
sought for by the defendants to examine six
witnesses shown in the list produced as Ext.P3
along with this Original Petition, was found
against.
2. Adv.Johnson Abraham appears for the
respondents/plaintiffs.
3. The learned counsel for the petitioner
submitted that the petitioner is satisfied with
the examination of 6th witness, Regional
Transport Officer, Ernakulam, Kakkanad to prove
the Driving License and address thereof.
4. No serious objection raised by the
other side in view of the fact that the
petitioner fairly given up the proposal to
OP(C).No.408 OF 2022
examine witnesses 1 to 5 in the list.
5. Considering the minimum prayer, I am
inclined to set aside the common order of the
court below impugned and these petitions stand
allowed in part as follows:
The court below is directed to issue
summons to the Regional Transport Officer,
Ernakulam as sought for in the witnesses
list and examine him, ensuring his presence
along with the documents mentioned in the
schedule at the earliest, at any rate,
within a period of 10 days from the date of
receipt of a copy of this judgment or its
production by the parties concerned.
The Registry is directed to forward a copy
of this judgment to the court below concerned,
within 7 days from today.
Sd/-
A. BADHARUDEEN,
JUDGE
WW
OP(C).No.408 OF 2022
APPENDIX OF OP(C) 408/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 7.1.2019 IN
O.S.NO.6 OF 2019 ON THE FILE OF HON'BLE SUB
COURT, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED
15.3.2019 FILED BY THE DEFENDANTS IN OS NO.
6 OF 2019 ON THE FILE OF HON'BLE SUB COURT,
ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE LIST OF WITNESSES DATED
11.11.2021 SUBMITTED BY PETITIONER IN OS
NO.6/2019 BEFORE THE HON'BLE SUB COURT,
ERNAKULAM.
EXHIBIT P4 TRUE COPY OF THE IA NO.8/2022 DATED
15.2.2022 FILED BY PETITIONER PRAYING TO
ENLARGE THE TIME FOR SUBMITTING LIST OF
WITNESSES AND TO ACCEPT THE SAME ON FILE.
EXHIBIT P5 TRUE COPY IA NO.9/2022 DATED 15.2.2022
FILED BY PETITIONER IN OS NO.6/2019 ON THE
FILE OF HON'BLE SUB COURT, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE COMMON ODER DATED
23.2.2022 IN IA NO.8/2022 AND IA NO.9/2022
IN OS NO.6/2019 OF THE HON'BLE SUB COURT,
ERNAKULAM
