Kerala High Court
N.Suveendran vs N.Raveendran on 30 March, 2023
1
OP(C) No. 171 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
OP(C) NO. 171 OF 2023
AGAINST THE ORDER/JUDGMENT in IA No.4/2023, IA No.14/2022 and IA No.4/2022 in IA
No.2/2021 in OS 172/2022 OF I ADDITIONAL SUB COURT,TRIVANDRUM
PETITIONER/S:
N.SUVEENDRAN
AGED 42 YEARS
S/O.T.NATARAJAN, TC 29/3691/1, M.P.APPAN ROAD,
VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM - 695 014,
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RAHUL S.NATH
RESPONDENT/S:
1 N.RAVEENDRAN,AGED 48 YEARS
S/O.T.NATARAJAN, RESIDING AT KAMARAJASALAI, GANDHINAGAR,
MADIPAKKAM, KANCHEEPURAM, TAMIL NADU - 600 091 NOW RESIDING
AT SREE HOUSE, NIRAMANKARA NSS COLLEGE ROAD, KAIMANAM,
NEMOM VILLAGE, THIRUVANANTHAPURAM - 695 002,
2 N.MAHENDRAN,AGED 33 YEARS
S/O.T.NATARAJAN, M.R.T STORE, UDANKUDI, SATHYAMOORTHI
BAZAAR, THIRUCHENTHOOR TALUK, NOW RESIDING AT GOKULAM, TC
50/1581, KARAMANA, MANACAUD VILLAGE, THIRUVANANTHAPURAM -
695 002,
3 SUSHEELA,AGED 67 YEARS
W/O.T.NATARAJAN, RESIDING AT SREE HOUSE, NIRAMANKARA NSS
COLLEGE ROAD, KAIMANAM, NEMOM VILLAGE, THIKRUVANANTHAPURAM
- 695 002, PIN - 695002
BY ADVS.
M.R.ANANDAKUTTAN
M.HEMALATHA(K/358/1977)
MAHESH ANANDAKUTTAN(K/1234/2004)
M.J.SAJITHA(K/000218/2006)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No. 171 of 2023
C.S DIAS,J.
---------------------------
OP(C) No. 171 of 2023
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Dated this the 30th day of March, 2023.
JUDGMENT
The original petition is filed to direct the Court of
the First Additional Subordinate Judge,
Thiruvananthapuram, to consider and dispose of IA
No.4/2023, IA No.14/2022 and IA No.4/2022 in IA
No.2/2021 in OS No.172/2022 expeditiously.
2. Pursuant to the order dated 25.1.2023 passed
by this Court, the learned First Additional Subordinate
Judge, by communication dated 31.1.2023, has
informed this Court that counter affidavits have been
filed in all the above applications. The same can be
OP(C) No. 171 of 2023
heard and disposed of on or before 28.2.2023, if both
Counsel co-operate.
3. The respondents have filed a counter affidavit
refuting the allegations in the original petition. They
contended that there is no merit in the original petition,
which only deserves to be dismissed.
4. Heard; Sri.Suman Chakravarthy, the learned
Counsel appearing for the petitioner and
Smt.M.Hemalatha, the learned counsel appearing for the
respondents.
5. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Subordinate Judge, in exercise of the
supervisory powers of this Court under Article 227 of
OP(C) No. 171 of 2023
the Constitution of India, I direct the Court of the First
Additional Subordinate Judge, Thiruvananthapuram, to
consider and dispose of IA No.4/2022 in IA No.2/2021,
IA No.4/2023 and IA No.14/2022 in OS No.172/2022,
in accordance with law and as expeditiously as possible,
at any rate on or before 13.4.2023, after affording both
sides an opportunity of being heard.
The original petition is ordered accordingly.
sd/-
sks/30.3.2023 C.S.DIAS, JUDGE
OP(C) No. 171 of 2023
APPENDIX OF OP(C) 171/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PLAINT IN O.S
NO.12/2022 ON THE FILES OF MUNSIFF COURT-
IV, THIRUVANANTHAPURAM
Exhibit-P2 A TRUE COPY OF THE AFFIDAVIT AND PETITION
IN I.A NO.2/2021
Exhibit-P3 A TRUE COPY OF THE INJUNCTION ORDER DATED
29.12.2021 IN I.A NO.2/2021
Exhibit-P4 A TRUE COPY OF THE ORDER DATED 30.07.2022
IN I.A NO.7/2022
Exhibit-P5 A TRUE COPY OF THE E-COURT PROCEEDINGS OF
O.S NO.172/2022
Exhibit-P6 :- A TRUE COPY OF THE AFFIDAVIT AND
PETITION I.A NO.4/2022 DATED 13.01.2022
Exhibit-P7 A TRUE COPY OF THE AFFIDAVIT AND PETITION
I.A NO.14/2022
Exhibit8 A TRUE COPY OF THE OBJECTION TO I.A
NO.14/2022 FILED BY THE DEFENDANTS
Exhibit-P9 A TRUE COPY OF THE AFFIDAVIT AND PETITION
IN I.A 4/2023
Exhibit-P10 A TRUE COPY OF THE PROCEEDINGS DATED
09.01.2023 AS AVAILED FROM THE E-COURT
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