Eleeswa @ Beena vs Jofin
2024 Latest Caselaw 23244 Ker

Kerala High Court

Eleeswa @ Beena vs Jofin on 2 August, 2024

OP(C) No.1682/2024                                1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
                     Friday, the 2nd day of August 2024 / 11th Sravana, 1946
                                      OP(C) NO. 1682 OF 2024

            IA 4/2024 IN OS 278/2020 OF II ADDITIONAL SUB COURT, ERNAKULAM

   PETITIONERS/RESPONDENTS/PLAINTIFFS:

      1. ELEESWA @ BEENA, AGED 59 YEARS, W/O. ANTONY, MADATHIPARAMBIL HOUSE,
         KOTHAD P.O, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK, ERNAKULAM
         DISTRICT, PIN - 682027
      2. ANTONY, AGED 67 YEARS, S/O LATE XAVIER, MADATHIPARAMBIL HOUSE,
         KOTHAD P.O, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK, ERNAKULAM
         DISTRICT, PIN - 682027

   RESPONDENT/PETITIONER/DEFENDANT:

          JOFIN, S/O SEBASTIAN @ KUNJUMON, AGED 41, MADATHIPARAMBIL HOUSE,
          KOTHAD P.O, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK, ERNAKULAM
          DISTRICT, PIN - 682027

        Op (civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   the operation of Ext.P7 order in IA No.4/2024 in OS No.278/2020, on the
   files of the Hon'ble 2nd Additional Subordinate Judge's Court, Ernakulam
   dated 07.06.2024, till the disposal of Original Petition (Civil).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   M/S.SHIJU VARGHESE & SACHU THOMAS, Advocates for the petitioners, the
   court passed the following:
                                      ORDER

The petitioners on the strength of the judgment in Ashok Kumar Kalra V. Wing Cdr. Surendra Agnihotri and others [2019 (5) KHC 735] would contend that the acceptance of additional written statement and counter claim as per Ext.P7 order is bad in law.

Admit.

Issue notice to the respondent by speed post. Notice may also be served through the counsel appearing for the respondent before the trial court.

All further proceedings in OS No.278/2020 on the file of the II Additional Sub Court, Ernakulam shall remain stayed for a period of one month.

Post on 29.8.2024.

Sd/- VIJU ABRAHAM, JUDGE

02-08-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 1682/2024

Exhibit P7 TRUE COPY OF THE ORDER IN IA NO.4/2024 IN OS NO.278/2020 OF THE HON'BLE 2ND ADDITIONAL SUBORDINATE JUDGE'S COURT, ERNAKULAM DATED 07.06.2024