Kerala High Court
Gangadharan vs Anandan on 6 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
OP(C) NO. 221 OF 2024
AS NO.73 OF 2023 OF DISTRICT COURT, PALAKKAD & IN EP NO.110
OF 2022 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
PETITIONER/APPELLANT/2ND RESPONDENT/2ND DEFENDANT:
GANGADHARAN,AGED 60 YEARS
S/O.LATE. AYYAPPAN EZHUTHACHAN KIZHAKKETHIL VEEDU,
PUTHANUR AMSOM DESOM, PUTHANUR (PO), PALAKKAD, PIN
- 678592
BY ADVS.BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS/RESPONDENTS/PETITIONER/RESPONDENT 1,3 TO 4:
1 ANANDAN, AGED 47 YEARS
S/O.KRISHNAN, HOUSE NO.99, PADMAVATHYPURAM,
AVINASI ROAD, GANDHI NAGAR (PO), THIRUPUR,
TAMILNADU, PIN - 600005
2 RAMANKUTTY, AGED 59 YEARS, S/O.AYYAPPAN
EZHUTHACHAN, PEECHAMKURICHI PARAMBA VENGASSERI
(PO), OTTAPALAM, PALAKKAD DISTRICT, PIN - 679516
3 MOHANADASAN, AGED 54 YEARS, S/O.AYYAPPAN
EZHUTHACHAN, PEECHAMKURICHI PARAMBA VENGASSERI
(PO), OTTAPALAM, PALAKKAD DISTRICT, PIN - 679516
O.P.(C).No.221/2024
-:2:-
4 KUMARI, AGED 58 YEARS
W/O.RAVUNNI, KATTUMOOCHIKKAL HOUSE, MAYILUMPURAM
(PO), OTTAPALAM TALUK PALAKKAD DISTRICT,, PIN -
679511
5 AJEESH, AGED 36 YEARS
S/O.RAVUNNI, KATTUMOOCHIKKAL HOUSE, MAYILUMPURAM
(PO), OTTAPALAM TALUM PALAKKAD DISTRICT,, PIN -
679511
6 AJITHA, AGED 34 YEARS
D/O.RAVUNNI, KATTUMOOCHIKKAL HOUSE, MAYILUMPURAM
(PO), OTTAPALAM TALUK PALAKKAD DISTRICT,, PIN -
679511
BY ADVS.K.RAVI (PARIYARATH)
SREEHARI R
T.N Manoj T N
HAMZA A.V.(K/1588/2022)
VIGNESH S.(K/3697/2022)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.221/2024
-:3:-
JUDGMENT
The petitioner herein was the 2nd defendant in
O.S.No.469/2011 on the files of the Principal Munsiff Court,
Palakkad (for short 'the trial court').
2. The suit was one for partition. A preliminary decree
was passed. Ext.P2 is the said decree. Challenging Ext.P2, the
petitioner preferred A.S.No.73/2023 before the District Court,
Palakkad (for short 'the appellate court'). There was a delay of
4237 days in preferring the appeal. Hence I.A.No.1/2023 has
been filed to condone the delay. In the meanwhile, the plaintiff
filed execution petition as E.P.No.110/2022 before the trial court
to execute the final decree which was passed subsequent to the
preliminary decree. The limited prayer in the original petition is
to give a direction to the appellate court to pass final orders in
I.A.No.1/2023 within a time frame and to keep in abeyance the
execution petition till then.
3. I have heard the learned counsel for the petitioner,
the learned counsel for the 1st respondent and the learned
counsel for the respondents 3 to 6.
Having heard both sides, this original petition is disposed of
as follows:
(a) The appellate court is directed to pass final order in
I.A.No.1/2023, after hearing both sides, within a period of one
month from the date of receipt of a copy of this judgment.
(b) Till then, the trial court shall keep in abeyance further
proceedings in E.P.No.110/2022.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 221/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
25.10.2011 IN O.S.NO.469/2011 ON THE
FILE OF THE COURT OF THE PRINCIPAL
MUNSIFF, PALAKKAD
Exhibit P2 TRUE COPY OF THE DECREE DATED 25.10.2011
IN O.S.NO.469/2011 ON THE FILE OF THE
COURT OF THE PRINCIPAL MUNSIFF, PALAKKAD
Exhibit P3 TRUE COPY OF DOCUMENT NO.2309 OF 1991 OF
S.R.O PARALI DATED 25.09.1991
Exhibit P4 TRUE COPY OF A.S.NO.73/2023 ON THE FILE
OF THE DISTRICT COURT, PALAKKAD
Exhibit P5 TRUE COPY OF I.A.NO.01/2023 IN
A.S.NO.73/2023 ON THE FILE OF THE
DISTRICT COURT, PALAKKAD
Exhibit P6 TRUE COPY OF UNNUMBERED I.A IN
A.S.NO.73/2023 ON THE FILE OF THE
DISTRICT COURT, PALAKKAD
Exhibit P7 TRUE COPY OF E.P.NO.110/2022 ON THE FILE
OF THE COURT OF THE PRINCIPAL MUNSIFF,
PALAKKAD
Exhibit P8 TRUE COPY OF THE APPLICATION SEEKING TO
STAY THE EXECUTION OF THE DECREE UNDER
ORDER 21 RULE 29 AS E.A.NO.501/2023 IN
Exhibit P9 TRUE COPY OF E.P.NO.110/2022 AS BORNE
OUT FROM THE E-COURT PORTAL
