Rds Realities Ltd vs K.Vidyadaran
2023 Latest Caselaw 6559 Ker

OP(C) NO. 886 OF 2023

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                              OP(C) NO. 886 OF 2023
AGAINST THE ORDER DATED 13.02.2023 IN IA NO.7105/2018 IN OS 65/2018 OF
                        PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/RESPONDENT/DEFENDANT:

             RDS REALITIES LTD HAVING ITS REGIONAL OFFICE AT CC56/849,
             SHIHAB THANGAL ROAD, PANAMPILLY NAGAR, KOCHI, REPRESENTED
             BY ITS GENERAL MANAGER AND AUTHORIZED SIGNATORY, ABRAHAM
             GEORGE, AGED 49 YEARS, S/O LATE SRI M.A. GEORGE RESIDING AT
             SRA 2, GEO VILLA, VYDIAR ROAD, NJARAKKAL, PIN 682505.

             BY ADV B.JAYASANKER


RESPONDENT/PETITIONER/PLAINTIFF

             K.VIDYADARAN, AGED 67 YEARS,
             S/O K.KUTTAN, SREE NARAYANAM, VIDYANAGAR KADAVANTHARA,
             KANAYANNUR TALUK, KOCHI, PIN - 682020
             BY ADVS.
             Krishna Mani B.
             P.V.DILEEP
             N.V.SANDHYA
             DHANUJA M.S


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 886 OF 2023

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                                       JUDGMENT

It is against Ext.P12 order, the defendant came

up. The abovesaid order was passed based on an

application submitted by the plaintiff for

withdrawing the suit without prejudice to the right

of filing a fresh one. It was allowed by the trial

court without passing a speaking order. A withdrawal

of suit can be permitted only when it is found that

there is defect in the format of the suit or any

ground of jurisdictional error. The legal position

is very much settled by this Court in Mary Teacher

and Others v. K.J.Varghese (2017 (1) KHC 830). It is

not clear under what circumstance permission was

granted to the plaintiff for instituting another

suit. In the order, it is stated that a counter has

been filed, but it is not mentioned as to what are

the contentions raised in the counter. The conduct

of the concerned officer hence cannot be tolerated

even for a moment and it is injurious to the system.

As such, the Registry is hereby directed to call for

an explanation from the officer concerned for the

abovesaid laches. It shall be placed before this OP(C) NO. 886 OF 2023

court on 30/06/2023. The impugned order hence cannot

be sustained. It is not at all a speaking order and

hence, will stand set aside. The matter is remanded

back to the trial court for fresh consideration in

accordance with the law and also based on decision

reported in Mary Teacher's case (supra).

The O.P(C) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 886 OF 2023

APPENDIX OF OP(C) 886/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.65/ 2018 ON THE FILES OF THE MUNSIFF COURT, ERNAKULAM Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.65/2018 ON THE FILES OF MUNSIFF COURT ERNAKULAM Exhibit P3 THE TRUE COPY OF THE ORDER DATED 09-04-2018 IN I.A.NO.339/ 2018 IN O.S.NO.65 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 30-06-2018 IN C.M.A.NO.29/2018 ON THE FILES OF THE 2ND ADDITIONAL DISTRICT JUDGE ERNAKULAM Exhibit P5 THE TRUE COPY OF THE PROCEEDING IN O.S. NO.

65/2018 ON THE FILES OF THE MUNSIFF COURT FROM 12-01-2018 TO 22-10-2018 Exhibit P6 THE TRUE COPY OF THE I.A.NO.8034 / 2018 IN O.S.NO.65/2018 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM.

Exhibit P7 THE TRUE COPY OF I.A.NO.7105/ 2018 IN O.S.NO.65/2018 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM Exhibit P8 THE TRUE OF THE OBJECTION FILED BY THE PETITIONER IN I.A.NO.7105/ 2018 IN O.S.NO.65/2018 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM Exhibit9 THE TRUE COPY OF THE PLAINT IN O.S.NO.242/ 2018 ON THE FILES OF THE 3RD ADDITIONAL SUB COURT ERNAKULAM Exhibit10 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.242/2018 ON THE FILES OF 3RD ADDITIONAL SUB COURT ERNAKULAM Exhibit P11 THE TRUE COPY OF THE ORDER DATED 07-04-2021 IN I.A.NO.8034 / 2018 IN O.S.NO.65/2018 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM Exhibit P12 THE TRUE COPY OF THE ORDER DATED 13-02-2023 IN I.A. NO, 7105/ 2018 IN O.S.NO.65/ 2018 ON THE FILES OF MUNSIFF COURT ERNAKULAM