Jones Kurian vs Satish Paul
2023 Latest Caselaw 5165 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                        OP(C) NO. 973 OF 2023
    AGAINST THE ORDER DATED 31.03.2023 IN O.S.1618/2019 OF III
               ADDITIONAL MUNSIFF COURT, ERNAKULAM
PETITIONER/PLAINTIFF:

          JONES KURIAN,
          AGED 54 YEARS,
          S/O LATE K.J.KURIAN @ BABU, RESIDING AT BETHANYA,
          PALLIPURAM HOUSE, MULAMTHURUTHY P.O., KANAYANOOR TALUK,
          ERNAKULAM DISTRICT,, PIN - 682314.
          BY ADVS.
          T.T.HARIKUMAR
          MORELY STALIN JAMES


RESPONDENTS/DEFENDANTS:

    1     SATISH PAUL,
          AGED ABOUT 70 YEARS
          S/O LATE T.V.PAUL, PULLATTU THUKALAN, MULANTHURUTHY
          KARA, MULANTHURUTHY VILLAGE, NOW RESIDING AT C2, GREEN
          ACR, TATAPURAM, AYYAPPANKAAVU, ERNAKULAM - 682 018.
    2     NARAYANAN NAMBHOOTHIRI,
          S/O.VASUDEVAN NAMBOOTHIRI, PALLIPURATH MANA,
          CHOTTANIKARA DESOM, ERNAKULAM - 682 312.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.04.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 973 OF 2023
                                       2

                                JUDGMENT

The reliefs sought for in this Original Petition are as

follows:-

1) Issue appropriate writ or direction directing the Court to issue the certified copy of the decree and judgment in O.S.1618/2019 dated 31.03.2023 on the file of the 3rd Additional Munsiff's Court, Ernakulam at the earliest.

2) Pass such other order or direction that are deemed fit and proper to the facts and circumstances of the case.

2. A report has been called for from the learned Munsiff

as to the status of the copy application filed by the petitioner.

3. The learned Munsiff reported that the application filed

by the petitioner for certified copy of the judgment was complied

from the Bench Section to Fair Copy Section on 12.04.2023 and

the stamp paper was called for on 13.04.2023. However, the

petitioner did not produce the stamp till date. The learned

Munsiff reported that the certified copy can be given without delay

once the petitioner produces stamp paper.

In view of the report, the Original Petition is closed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE DK OP(C) NO. 973 OF 2023

APPENDIX OF OP(C) 973/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S.1618/2019 DATED 15.12.2019 ON THE FILE OF THE 3RD ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT DATED 22/10/2021 FILED BY THE FIRST DEFENDANT.

Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT DATED 18/08/2020 FILED BY THE 2ND RESPONDENT HEREIN.