Kerala High Court
Stephen vs Varghese on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
OP(C) NO. 2296 OF 2021
AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN AS 6/2020 OF SUB
COURT, PERUMBAVOOR
PETITIONERS/PETITINERS IN I.A 1/2021/APPELLANTS IN A.S
6/2020 ON THE FILE OF THE SUB COURT, PERUMBAVOOR/DEFENDANTS
1 TO 3 IN O.S 276/2016 ON THE FILE OF THE MUNSIFF'S COURT,
PERUMBAVOOR:
1 STEPHEN, AGED 62 YEARS
SON OF VARGHESE, KODIYATH MOLETH HOUSE,
THRIKKALATHOOR P.O., PIN-683 541, NEAR BADHINI
CONVENT, KUNNAKURUDI KARA, IRAPURAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
2 THAMPI GEORGE,
AGED 58 YEARS
SON OF VARGHESE, KODIYATH MOLETH HOUSE,
VALIYAPARAMBIL ROAD, CHERANELLORE P.O.,
PIN-682 034, CHERANELLORE DESOM,
CHERANELLORE VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DSITRICT.
3 PAUL K.VARGHESE ALIAS POULOSE,
AGED 47 YEARS
SON OF VARGHESE, KODIYATH MOLETH HOUSE,
THRIKKALATHOOR P.O., PIN-683 541,
KUNNAKURUDI KARA, IRAPURAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
BY ADVS.
A.BALAGOPALAN
A.RAJAGOPALAN
M.N.MANMADAN
M.S.IMTHIYAZ AHAMMED
P.SEENA
OP(C) NO. 2296 OF 2021
2
RESPONDENTS/RESPONDENTS IN I.A 1/2021/RESPONDENTS IN A.S
6/2020 ON THE FILE OF THE SUB COURT, PERUMBAVORR/PLAINTIFF
AND DEFENDANT NO.4 IN O.S 276/2016 ON THE FILE OF THE
MUNSIFF'S COURT, PERUMBAVOOR:
1 VARGHESE,
AGED 81 YEARS
SON OF ESTHAPPANOSE, KODIYATH MOLEL
PUTHEMPURAYIL, PODIPARA, PEECHI P.O.,
PIN-680 653, PEECHI KARA, PEECHI VILLAGE,
THRISSUR DISTRICT.
2 SCARIA,
AGED 55 YEARS
SON OF VARGHESE, HAVING PERMANENT RESIDENTIAL
ADDRESS AT KODIYATH MOLETH HOUSE,
THRIKKALATHOOR P.O., PIN-683 541, NEAR BADHINI
CONVENT, KUNNAKURUDI KARA, IRAPURAM VILLAGE,
KKUNNATHUNADU TALUK, ERNKAULAM DISTRICT AND NOW
HAVING ADDRESS AT AJIB TRADING COMPANY,
P.O. BOX NO.489, P.C. 112, RUWI,
SULTANATE OF OMAN.
BY ADVS.
C.A.NAVAS
T.K.SASIKUMAR
P.A.SHAJI SAMAD
PRAISHEEL PRAKASAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2296 OF 2021
3
JUDGMENT
Dated this the 16th day of March, 2022
This Original Petition has been filed under Article 227 of
the Constitution of India by the appellants in A.S No.6/2020,
pending before the Sub Court, Perumbavoor.
2. Respondents 1 and 2 served. 1St respondent
appeared through Adv.Sri.C.A.Nawas. Heard the learned
counsel for the petitioners.
3. The prayers in the Original Petition as under:-
(a) "Direct the Sub Court, Muvattupuzha which is presently
having the charge of Sub Court, Perumbavoor to dispose
of Exhibit P1 application within a time limit.
(b) Issue any other appropriate order or direction this
Honorable Court may deem fit for meeting the ends of
justice.
(c) Award the cost of the petitioners in the above
proceeding."
4. It is submitted by the learned counsel for the
petitioners that the petitioners herein filed appeal in time and
OP(C) NO. 2296 OF 2021
when the same had been pending for hearing, the same
happened to be dismissed for default and now I.A No.1/2020
has been pending to re-admit the appeal. Therefore, an early
disposal of I.A No.1/2020 is necessary to alleviate the grievance
of the petitioners. Final decree proceedings are on the verge of
finish subsequent to the decree and judgment under challenge
in A.S No.6/2020.
5. The learned counsel for the 1st respondent would
submit that the 1st respondent is a person aged 90 years and
has been trailing, therefore early disposal of the appeal itself is
necessary to address the grievance of the 1st respondent. He
submitted further that in an earlier occasion also, A.S No.6/2020
was dismissed and later re-admitted. Now the appeal was
dismissed for the second time and the petitioner is playing
delayed tactics. If the submission is true, dilatory tactics to be
inferred. Such tactics are noted with displeasure.
OP(C) NO. 2296 OF 2021
6. As of now, I.A No.1/2020 has been pending before
the Sub Judge, Perumbavoor. The Sub Judge, Muvattupuzha
is holding charge of the Sub Judge, Perumbavoor. The learned
Judge as per letter dated 08.12.2021, reported that the
I.A.No.1/2021 could be disposed of within a period of two
months if appellants diligently take steps for service to the 2 nd
respondent.
7. In this case, the partition suit is the subject matter of
dispute. Therefore, the learned Sub Judge, Muvattupuzha is
directed to hear and dispose of I.A No.1/2021 within a period of
one month and if the petition is allowed, the Sub Judge is
directed to hear and dispose of the appeal A.S No.6/2020,
within a period of two months thereafter.
8. Passing of final decree shall stand stayed for one
month. If the appeal is re-admitted, stay shall be in force for a
total period of three months from today and not thereafter.
OP(C) NO. 2296 OF 2021
The Registry shall forward a copy of this judgment to the
court below concerned, within seven days, for information and
compliance.
Sd/-
A. BADHARUDEEN
JUDGE
spk
OP(C) NO. 2296 OF 2021
APPENDIX OF OP(C) 2296/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF IA 1/2021 FIELD BY THE
PETITIONERS IN AS 6/2020 ON THE FILE OF
THE SUB COURT, PERUMBAVOOR FOR
READMITTING APPEAL WHICH WAS DISMISSED
FOR DEFAULT.
Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THIS
HONOURABLE COURT IN THE ABOVE OP(C) ON
3.12.2021
RESPONDENT'S/S EXHIBITS : NIL
