Kerala High Court
Lathakumari @ Latha S.Nair vs Mohanan Nair 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. 525 OF 2022
AGAINST THE ORDER/JUDGMENT IN IA 1/2020 IN OS 533/2014 OF
MUNSIFF COURT,ATTINGAL
PETITIONERS/COUNTER PETITIONERS/PLAINTIFFS:
1 LATHAKUMARI @ LATHA S.NAIR
AGED 63 YEARS
D/O.SEETHAMMA,
PADIPPURA VEEDU,
(SUNITHA BHAVAN), VAMANAPURAM P.O.,
NELLANADU VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 606.
2 APARANA
AGED 33 YEARS
D/O.SASIDHARAN NAIR (LATE),
PADIPPURA VEEDU,
(SUNITHA BHAVAN),
VAMANAPURAM P.O., NELLANADU VILLAGE,
NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 606.
BY ADV J.JAYAKUMAR
RESPONDENTS/PETITIONERS/DEFENDANTS 3 TO 6:
1 MOHANAN NAIR
AGED 62 YEARS
S/O.MADHAVAN PILLAI, KAMALALAYAM,
CHILAMBIL, SASTHAVATTOM, AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695 305.
2 NIRMALA
AGED 67 YEARS, D/O.MADHAVAN PILLAI,
KAMALALAYAM,
CHILAMBIL, SASTHAVATTOM,
AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695 305.
3 KUMARI
AGED 59 YEARS
D/O.MADHAVAN PILLAI, KAMALALAYAM,
CHILAMBIL, SASTHAMVATTOM,
AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695 305.
OP(C) NO. 525 OF 2022
2
4 MALLIKAMBIKA
AGED 56 YEARS
D/O.MADHAVAN PILLAI, KAMALALAYAM,
CHILAMBIL, SASTHAVATTOM, AZHOOR VILLAGE,
THIRUVANANTHAPURAM - 695 305.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 525 OF 2022
3
JUDGMENT
Dated this the 16th day of March, 2022
In this Original Petition filed under Article 227 of the
Constitution of India, the petitioners, who are the plaintiffs in
O.S.533/2014 on the files of the Munsiff Court, Attingal
challenge the order in I.A.1/2020 dated 30.09.2021, whereby
the learned Munsiff allowed I.A.No.1/2020 and set aside the
ex parte decree passed against the defendants 3 to 6 in an
application filed within time, on payment of cost of
Rs.1000/-. Now the plaintiffs are aggrieved by the said order.
2. Heard the learned counsel for the petitioners on
admission.
3. It is pertinent to note that though the application
was allowed on 30.09.2021, the plaintiffs have not moved
any steps to challenge the order till today, i.e., before filing
of this Original Petition. Thus, prima facie, this Original
petition has been filed in a belated stage. After setting aside
the ex parte decree, the suit has been proceeded for a
period about six months. Therefore, this Original Petition
OP(C) NO. 525 OF 2022
filed at a belated stage, challenging an order setting aside
the ex parte decree, in an application filed within 30 days,
cannot be justified.
Therefore, this Original Petition deserves no merits and
the same is dismissed without being admitted.
Registry is directed to forward a copy of this judgment
to the court below concerned, within seven days, for
information.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
OP(C) NO. 525 OF 2022
APPENDIX OF OP(C) 525/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.533/2014
FILED BY THE PETITIONERS BEFORE THE
MUNSIFF COURT, ATTINGAL.
Exhibit P2 TRUE COPY OF THE DECREE DATED 12/6/2020 IN
OS NO.533/2014 OF MUNSIFF COURT, ATTINGAL.
Exhibit P3 TRUE COPY OF THE SALE DEED NO.1686/1993 OF
SUB REGISTRAR'S OFFICE, MURIKKUMPUZHA.
Exhibit P4 TRUE COPY OF THE SALE DEED NO.28/1998 OF
SUB REGISTRAR'S OFFICE, MURIKKUMPUZHA.
Exhibit P5 TRUE COPY OF THE LATEST TAX RECEIPT DATED
3/5/2021 ISSUED FROM AZHOOR VILLAGE
OFFICE.
Exhibit P6 TRUE COPY OF IA NO.1/2020 IN OS
NO.533/2014 FILED BY THE RESPONDENTS
BEFORE THE MUNSIFF COURT, ATTINGAL.
Exhibit P7 TRUE COPY OF ORDER DATED 30/9/2021 IN
I.A.NO.1/2020 IN OS NO.533/2014 OF MUNSIFF
COURT, ATTINGAL.
