Kerala High Court
Gilbert vs Kochuthresia on 28 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
OP(C) NO. 514 OF 2024
AS NO.8 OF 2024 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB
COURT, KOCHI ARISING OUT OF THE ORDER/JUDGMENT DATED
31/10/2022 IN OS NO.166 OF 2012 OF PRINCIPAL MUNSIFF COURT,
KOCHI
PETITIONER/APPELLANT/DEFENDANT:
GILBERT
AGED 48 YEARS, W/O SAMUEL CC 15/1506,
MOOLAMKUZHI MURI RAMESWARAM VILLAGE
KOCHI TALUK FORTKOCHI PO, PIN - 682001
BY ADVS.
KARTHIK S. ACHARYA
C.R.SANISH
ANJANA K.P.
CISLY GRASHIOUS
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 KOCHUTHRESIA
AGED 37 YEARS, W/O KF JOSEPH
CC15/1506 AMULAMKUZHI MURI
RAMESWARAM VILLAGE
KOCHI TALUK FORTKOCHI, PIN - 682001
2 KF JOSEPH
AGED 40 YEARS, S/O FABIAN
CC15/1506 AMULAMKUZHI MURI
RAMESWARAM VILLAGE
KOCHI TALUK FORTKOCHI, PIN - 682001
BY ADVS.
T MADHU
C.R.SARADAMANI(S-891)
RENJISH S. MENON(K/001486/2021)
VRINDA T.S.(K/237/2022)
AISWARYA JAYAPAL(K/001566/2023)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 514/2024
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JUDGMENT
The petitioner is the appellant and the respondents are the respondents
in A.S.No.8/2024 pending on the file of Sub Court, Kochi.
2. A.S.No.8/2024 has been preferred against the decree and
judgment dated 31/10/2022 in O.S.No.166/2012 on the file of Principal
Munsiff Court, Kochi. The appeal has been preferred out of time. Hence,
Ext.P2 application was filed to condone the delay of 385 days. In the
meanwhile, the execution petition filed by the respondents before the
Principal Munsiff Court, Kochi as E.P.No.94/2023 is being proceeded with.
The petitioner has approached this court to give a direction to the Sub Court,
Kochi to dispose of Ext.P2 and to keep in abeyance the execution petition till
then.
3. I have heard the learned counsel appearing for the petitioner as
well as the learned counsel appearing for the respondents.
4. The learned counsel for the respondents submitted that the
respondents have entered appearance before the Sub Court, Kochi. Hence,
this original petition is disposed of as follows:-
(i) The respondents shall file a counter statement to Ext.P2
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application within two weeks from today. Thereafter, the Sub Court, Kochi is
directed to dispose of Ext.P2 application within two weeks thereafter.
(ii) Till Ext.P2 application is disposed of, further proceedings in
E.P.No.94/2023 shall be deferred.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF OP(C) 514/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF AS 8/2024 PENDING BEFORE SUB COURT
KOCHI.
EXHIBIT P2 TRUE COPY OF IA 2/2024 IN AS 8/2024.
EXHIBIT P3 TRUE COPY OF SCREENSHORT FROM E COURTS SHOWING
THE PROCEEDINGS IN EP TILL THE DISPOSAL OF
APPEAL AS EA NO 59/2024.
EXHIBIT P4 TRUE COPY OF EA 59/2024.
EXHIBIT P5 THE TRUE COPY IA 3/2024 IN AS 8/2024 IN THE
FILES OF SUB COURT KOCHI.
