Kerala High Court
Sivan vs Sivadasan on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 15th day of February 2024 / 26th Magha, 1945
RSA NO. 503 OF 2016
OS 53/2004 OF MUNSIFF COURT,HARIPAD
AS 222/2011 OF ADDITIONAL DISTRICT COURT II,MAVELIKKARA
APPELLANT/APPELLANT/PLAINTIFF:
1. SIVAN,S/O. MADHAVAN, AGED 5O YEARS, RESIDING IN THATAYIL
VEEDU,MUTHUKULAM VADAKKUM MURI, MUTHUKULAM VILLAGE.
BY ADV. SRI.M.K.PRADEEP KUMAR
RESPONDENT/RESPONDENT/DEFENDANT:
1. SIVADASAN, AGED ABOUT 64 YEARS, S/O.VELAYUDHAN, PUTHENCHIRAYIL,
MANGALAM MURI, ARATTUPUZHA VILLAGE.
BY ADV. SRI.V.PREMCHAND
This Regular second appeal having again come up for orders on
15.02.2024 upon perusing this Court's order dated 01.02.2024, the court on
the same day passed the following:
A.BADHARUDEEN, J.
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R.S.A.Nos.502 and 503 of 2016
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Dated this the 15th day of February, 2024
ORDER
In fact, an order was passed by this Court on 1.2.2024,
as under:
"These are matters adjourned for want of
lower court records.
2. When Munsiff, Harippad was addressed,
she sent a letter dated 31.01.2024 stating that
the records in O.S.No.217/2004 submitted on
31.01.2024. But the records in O.S.No.53/2004
so far not transferred from the Additional
District Court, Mavelikkara. Accordingly, the
learned Munsiff sought further time.
3. On perusal of the judgment of the first
appellate court, viz., Additional District Court-II,
Mavelikkara, in AS Nos.222/2011 and 47/2012,
the judgment was rendered on 20.11.2015.
Therefore, the attitude of the Additional District
Judge in retaining the records in O.S.No.53/2004
is found to be not justifiable, rather shocking.
Therefore, there shall be a direction to the First
Additional District Judge, Mavelikkara, to
forward the records in O.S.No.53/2004 to
Munsiff Court, Haripad, within a period of 7
503 of 2016
days from the date of receipt of a copy of this
order and also, the First Additional District
Judge is directed to offer remarks as to why the
above records retained even after disposal of the
appeal in the year 2015 and file the same within
two weeks.
4. Since the matter seems to be serious,
the Principal District Judge, Alappuzha, is
directed to look into the matter and get
explanation from the staff concerned and file a
report along with the same within a period of
two weeks.
5. Post after two weeks.
The interim order shall stand extended for
a period of two weeks."
2. The learned Munsiff, Haripad reported that, records
in O.S.No.53/2004 so far not transferred from the Additional
District Court, Mavelikkara. Now, the learned Additional
District Judge, Mavelikkara reported that, records already
forwarded to the Munsiff Court, Haripad on 19.2.2016 and
now, the learned Munsiff forwarded the records also.
Therefore, the letter, dated 31.1.2024, sent by
Smt.Sreelakshmi.C., Munsiff Magistrate, Haripad, appears to
be false submission.
503 of 2016
3. Call for remarks from the officer, within a period of
14 days to avoid further steps, since false submission was
made before this Court.
Post along with the report, for hearing on 4.3.2024.
The interim order shall stand extended till 4.3.2024.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
15-02-2024 /True Copy/ Assistant Registrar
