Gracykutty.S.K vs Benny.S.K
2024 Latest Caselaw 12573 Ker

Kerala High Court

Gracykutty.S.K vs Benny.S.K on 21 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE DR. JUSTICE    KAUSER EDAPPAGATH

     TUESDAY, THE 21ST DAY OF MAY    2024 / 31ST VAISAKHA, 1946

                      OP(C) NO. 1030 OF 2024

  AGAINST THE ORDER DATED 01.04.2024 IN IA 15/2024 IN OS NO.9 OF
   2019 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL COURT
                     (KALPETTA), SULTHANBATHERY

PETITIONERS/PETITIONERS/PLAINTIFF:

     1     GRACYKUTTY.S.K
           AGED 53 YEARS, DAUGHTER OF SALOMI MATHEW, KAKKUNAYIL
           HOUSE, MENONPOTTI, EDAKKARA.P.O, EDAKKARA VILLAGE,
           NILAMBUR TALUK MALAPPURAM., PIN - 673591
     2     MERCY.S.K,
           AGED 51 YEARS DAUGHTER OF SALOMI MATHEW, SALOM HOUSE
           KRISHNAGIRI AMSOM, CHEENGERI DESAM, MEENANGADI.P.O,
           SULTHAR BATHERI TALUK, WAYNAD DISTRICT., PIN - 673591
     3     SOOSY.S.K,
           AGED 49 YEARS DAUGHTER OF SALOMI MATHEW, 'KRIPA
           BHAVAN' TC 10/372 NEAR GOVERNMENT PRESS, MANNANTHALA,
           THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM
           DISTRICT., PIN - 695015
     4     BETHSALY.S.K,
           AGED 45 YEARS DAUGHTER OF SALOMI MATHEW, 'SALEM
           HOUSE', RESIDING AT: CHEERANKUNNU, PURAKKADI
           MEENANGADI.P.O, SULTHAN BATHERI TALUK, WAYNAD
           DISTRICT. VILLAGE,, PIN - 673592
           BY ADVS. P.B.PRADEEP VISHNU PRADEEP

RESPONDENT/RESPONDENT/DEFENDANT:

           BENNY.S.K,
           AGED 49 YEARS, SON OF SALOMI MATHEW, SALOM HOUSE,
           BANGALORE SOUTH CHURCH (CROSS-57), 1ST FLOOR, 6TH
           CROSS PAYI-LAYOUT, HOOLIMAVU MAIN ROAD, BANGALORE,
           KARNATAKA., PIN - 560076

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) 1030/2024
                                -2-




                          JUDGMENT

(Dated this the 21st day of May 2024)

The petitioners are the plaintiffs in O.S No.9/2019 on

the file of the Sub Court, Sulthanbathery (for short, 'the

Trial Court'). The trial of the suit has already been

commenced. After the evidence was closed, the plaintiffs

filed Ext.P3 petition to reopen the evidence to produce and

mark two documents. The said application was dismissed for

default as per Ext.P6 order. It is challenging the said order

the petitioners preferred this Original Petition before this

Court.

Ext.P3 application was dismissed for default. There was

no decision on merit. Hence, this Original Petition is OP(C) 1030/2024

disposed of with a direction to the Trial Court to consider

Ext.P3 on merits and pass appropriate orders in accordance

with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

JS OP(C) 1030/2024

APPENDIX OF OP(C) 1030/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE PLAINT IN O.S.NO. 9 OF 2019 IN THE COURT OF MUNSIFF SULTHAN BETTARRY DATED:11- 02-2019 Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 9 OF 2019 IN THE COURT OF MUNSIFF SULTHAN BETTARRY FILED BY THE RESPONDENT/DEFENDANT DATED:4.7.2019 Exhibit -P3 TRUE COPY OF THE APPLICATION IN I.A.NO.15 OF 2024 IN O.S.NO.9/2019 IN THE COURT OF MUNSIFF SULTHAN BETTERRY TO RE-OPEN THE EVIDENCE FILED BY THE PLAINTIFF DATED 18.3.2024 Exhibit -P4 TRUE COPY OF THE DOCUMENT EVIDENCING DATE OF MUTATION AND PAYMENT OF TAX OBTAINED BY RTI DATED 15/3/2024 Exhibit-P 5 TRUE COPY OF THE JUDGEMENT PASSED BY SESSIONS JUDGE, KALPETTA IN CRL.A. NO.54/2019 DATED 30.11.2021 Exhibit-P6 TRUE COPY OF THE IMPUGNED ORDER IN IA 15/2024 IN OS NO. 9/2019 IN SUB COURT SULTHANBATHERI DATED.01- 04-2024