Thayyapully Louis vs Thazhath Veetil Tessy V.J
2023 Latest Caselaw 11169 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023/5TH KARTHIKA, 1945
                  OP(C) NO.2184 OF 2023
   AGAINST THE ORDER/JUDGMENT IN OS 348/2014 OF MUNSIFF
                         COURT, HOSDRUG
PETITIONERS/DEFENDANTS NO.1:

    1    THAYYAPULLY LOUIS, AGED 68 YEARS, S/O.GEORGE,
         RESIDING AT VALAPPADI, THAYYANNUR VILLAGE,
         VELLARIKUNDU TALUK, KALCHANDAUKAM (P.O),
         KASARAOD DISTRICT., PIN - 671314.

    2    GEORGE LOUIS, AGED 40 YEARS,
         S/O.THAYYAPULLY LOUIS, RESIDING AT VALAPPAID,
         THAYYANUR VILLAGE VELLARIKINDU TALUK,
         KALICHANADUKAM (P.O), KASARAGOD DISTRICT,
         (REPRESENTED BY THE POWER OF ATTORNEY HOLDER THE
         1ST PETITIONER, THAYYAPULLY LOUIS,
         AGED 68 YEARS, S/O.GEORGE.
         RESIDING AT VALAPPADI, THAYYANNUR VILLAGE,
         VELLARIKUNDU TALUK, KALICHANADUKAM (P.O),
         KASARAGOD DISTRICT)., PIN - 671314.

    3    ANTONY LOUIS, AGED 38 YEARS,
         S/O.THAYYAPULLY LOUIS, RESIDING AT VALAPPADI,
         THAYYANNUR ILLAGE, VELLARIKUNDU TALUK,
         KALICHANADUKAM (P.O), KASARAGOD DISTRICT,
         (REPRESENTED BY THE POWER OF ATTORNEY HOLDER THE
         1ST PETITIONER, THAYYAPULLY LOUIS,
         AGED 68 YEARS, S/O.GEORGE. RESIDING AT
         VALAPPADI, THAYYANNUR VILLAGE, VELLARIKUNDU
         TALUK, KALICHANADUKAM (P.O),
         KASARAGOD DISTRICT)., PIN - 671314.

         BY ADVS.
         JAWAHAR JOSE
         SAFEER BAWA A.S.
RESPONDENTS/PLAINTIFF:

    1    THAZHATH VEETIL TESSY V.J., AGED 52 YEARS,
         D/O.JOSEPH VELLAKADA,
         RESIDING AT THAZHATH VEETIL, THAYYANUR VILLAGE,
         VELLARIKUNDU TALUK, KALICHANADUKAM (P.O),
         KASARAOD DISTRICT., PIN - 671314.
 OP(C) No.2184 of 2023
                             - 2 -


    2      BEENA ALPHONSA, AGED 34 YEARS,
           D/O.THAYYAPULLY LOUIS, RESIDING AT VALAPPADI,
           THAYYANNUR VILLAGE, VELLARIKUNDU TALUK,
           KALICHANADUKAM (P.O),
           KASARAGOD DISTRICT., PIN - 671314.


        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(C) No.2184 of 2023
                           - 3 -

                         JUDGMENT

Dated, this the 27th October, 2023

Petitioners are defendants 1 to 3 in O.S.

No.348/2014 of the Munsiff Court, Hosdurg. The

plaintiff filed an appeal, which was allowed in

part and the matter was remanded to the Munsiff

Court.

2. Now, defendants 1 to 3 seek to challenge the

appellate order, for which they have filed

applications for issuance of certified copies of

depositions. Readable copies of the depositions

were made available before the appellate court,

since the original depositions were not legible.

Accordingly, it was the petitioners' request to

issue certified copies of readable copies of the

depositions. According to the petitioners, the

request was turned down and they were issued with

certified copies of depositions; and not readable

copies.

OP(C) No.2184 of 2023

- 4 -

3. Non-issuance of readable copies is the issue

under challenge in this Original Petition. This

Court called for a report from the learned

Munsiff, who would state that necessary direction

had already been given to issue certified copies

of readable copies of depositions, without any

delay. Accordingly, there will be a direction to

the learned Munsiff to ensure that readable

copies are issued at the earliest.

This O.P(C) stands disposed of, accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE

ww OP(C) No.2184 of 2023

- 5 -

APPENDIX OF OP(C) 2184/2023

PETITIONERS' EXHIBITS

EXHIBIT 1 TRUE COPY OF THE ORAL EVIDENCE OF THE CROSS EXAMINATION OF THE WITNESS EXAMINED AS PW-1 IN THE SUIT.

EXHIBIT -P1(A) TRUE COPY OF THE ORAL EVIDENCE OF THE CROSS EXAMINATION OF THE WITNESS EXAMINED AS PW-2 IN THE SUIT.

EXHIBIT -P2 TRUE COPY OF THE JUDGMENT REPORTED IN 2017 KHC 77.

EXHIBIT -P3 TRUE COPY OF THE JUDGMENT REPORTED IN 2016 (4) KHC 47.