Kerala High Court
Raveendran Nair vs The Police Assistant Commissioner on 2 August, 2024
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. 908 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 07.12.2023 IN OS NO.225 OF 2019 OF
ASSISTANT SESSIONS COURT/II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
PETITIONER:
RAVEENDRAN NAIR
AGED 57 YEARS
S/O SIVASANKARA PILLAI, KOVIL VILAKAM VEEDU, KALADY,
MANACAUD, KARAMANA P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695002
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 THE POLICE ASSISTANT COMMISSIONER
DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM DISTRICT
PIN - 695564
2 PRASANNAKUMARI AMMA
AGED 84 YEARS
D/O PARUKUTTY AMMA, JAYADEVAN VEEDU, ERANIKKARA,
KARAKKULAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695564
BY ADVS.
Suraj Kumar R
SUNIL J.CHAKKALACKAL(K/1283/2003)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.08.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C). No.908 of 2024 :2:
VIJU ABRAHAM, J.
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O.P.(C) No.908 of 2024
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Dated this the 2nd day of August, 2024
JUDGMENT
The petitioner has approached this Court challenging Ext.P13
order passed in I.A.No.2786/2019 and I.A.No.4/2023 in
O.S.No.225/2019, whereby the Will dated 15.02.2016 produced in
the suit was ordered to be sent to the Forensic Science Laboratory,
Thiruvananthapuram for comparison.
2. It is submitted by both sides that the examination report
from the Forensic Science Laboratory is already obtained and
submitted before the court.
In view of the fact that the report has already come pursuant
to Ext.P13 order dated 07.12.2023, I find no reason to interfere
with Ext.P13 and therefore, the original petition is dismissed,
leaving open the right, if any, of the petitioner to agitate his claim.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF OP(C) 908/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S.225/2019
DATED 30.10.2019 FILED BEFORE THE SUB
COURT, THIRUVANANTHAPURAM.
Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE 2ND RESPONDENT IN
O.S.225/2019 DATED 30.3.2020.
Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER DATED O.P.
(H.M.A) 176 OF 1976 ON 29.1.1977, BY THE
SUBORDINATE JUDGES’ COURT,
THIRUVANTHAPURAM
Exhibit P4 A TRUE PHOTOCOPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 11.5.2011 ISSUED BY THE
TAHSILDAR, THIRUVANANTHAPURAM.
Exhibit P5 A TRUE PHOTOCOPY OF THE PLAINT IN
O.S.1474 OF 2017 FILED BEFORE THE MUNSIFF
COURT, THIRUVANANTHAPURAM DATED
12.10.2017
Exhibit P6 A TRUE PHOTOCOPY OF THE FIR IN CRIME
NO.2201 OF 2019 OF THE KARAMANA POLICE
STATION.
Exhibit P7 A TRUE PHOTOCOPY OF THE ORDER IN B.A.6205
OF 2020 BY THIS HONOURABLE COURT DATED
27.11.2020.
Exhibit P8 A TRUE PHOTOCOPY OF THE I.A.2786 OF 2019
IN O.S.225 OF 2019 FILED BY THE 1ST
RESPONDENT DATED 21.11.2019
Exhibit P9 A TRUE PHOTOCOPY OF THE OBJECTION IN
I.A.2786 OF 2019 IN O.S.225 OF 2019 DATED
3.03.2020.
Exhibit P10 A TRUE COPY OF THE ORDER DATED 13.8.2021
IN I.A. 2786 OF 2019 IN O.S.225 OF 2019
OF THE 2ND ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
Exhibit P11 A TRUE COPY OF THE JUDGMENT IN O.P(C)
1494 OF 2021 DATED 27.9.2023 BY THIS
HONOURABLE COURT.
Exhibit P12 A TRUE PHOTOCOPY OF THE I.A 4 OF 2023 IN
O.S.225 OF 2019 DATED 27.10.2023 FILED BY
THE PETITIONER.
Exhibit P13 CERTIFIED COPY OF THE COMMON ORDER IN
I.A.2786 OF 2019, AND I.A 4 OF 2023 IN
O.S. 225 OF 2019 OF THE IIND ADDITIONAL
SUB COURT, THIRUVANTHAPURAM DATED
7.12.2023
Exhibit P14 A TRUE PHOTOCOPY OF THE ORDER IN
I.A.1/2021 IN O.S.1342 OF 2022 OF THE
ADDITIONAL MUNSIFF-II COURT,
THIRUVANANTHAPURAM DATED 22.9.2022
