Karode Grama Panchayath vs Vijayaraj
2024 Latest Caselaw 18871 Ker

Kerala High Court

Karode Grama Panchayath vs Vijayaraj 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. 1364 OF 2024
   OS NO.39 OF 2017 OF ADDITIONAL SUB COURT, NEYYATTINKARA
PETITIONER/DEFENDANT:

            KARODE GRAMA PANCHAYATH
            AGED 55 YEARS
            REPRESENTED BY ITS SECRETARY, KALA RANI, D/O INDRA
            DEVI, CHITOOR HOUSE NO.1, EADEN GARDEN,
            KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043

            BY ADVS.ARUN V.G. (K/795/2004)
            V.JAYA RAGI
            R.HARIKRISHNAN (KAMBISSERIL)
            NEERAJ NARAYAN



RESPONDENT/PLAINTIFF:

            VIJAYARAJ, S/O NALLA THAMBI NADAR, SRISHTI NIVAS,
            PARAMBUTHOTTAM, AYIRA DESOM, KARODE VILLAGE,
            NEYYATTINKARA, PIN - 695506


     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.1364/2024

                                  -:2:-

                            JUDGMENT

The defendant in a suit for recovery of money is the petitioner

herein. He moved an application under order VII Rule 11(d) of the

Code of Civil Procedure to reject the plaint on the ground that the suit

is barred by law. It is his case that no notice as contemplated under

Section 249(2) of the Panchayath Raj Act was issued and hence it is

barred by law. However, the trial court instead of considering the said

application, posted the same along with the suit as per order dated

22.6.2024. The petitioner applied for a certified copy of the said

order. It has not been issued so far. It is in these circumstances, the

petitioner has approached this Court.

Having heard the learned counsel for the petitioner Sri. Arun

V.G., this original petition is disposed of with a direction to the trial

court to issue carbon copy of the order in I.A.No.8/2024 dated

22.6.2024 without much delay. Till the issuance of the carbon copy of

the order, the trial of the case shall be deferred.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

APPENDIX OF OP(C) 1364/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AMENDED PLAINT IN O.S. NO. 39/2017 ON THE FILES OF SUB COURT, NEYYATTINKARA DATED 15-11-2017

Exhibit P2 THE TRUE COPY OF THE APPLICATION FOR REJECTING THE PLAINT AS I.A NO.8 OF 2024 IN O.S NO.39 OF 2017 ON THE FILES OF SUB COURT, NEYYATTINKARA DATED 24-06-2024

Exhibit P3 THE TRUE COPY OF IA 10 OF 2024 IN OS NO.39 OF 2017 ON THE FILES OF SUB COURT NEYYATTINKARA

Exhibit P4 THE TRUE COPY OF IA 9 OF 2024 IN OS NO.39 OF 2017 ON THE FILES OF SUB COURT NEYYATTINKARA