Kerala High Court
K.M.Ravi vs Helan K. Lazar on 27 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
OP(C) NO. 1814 OF 2021
ORDERIN IA 760/2019 IN CMA NO.15/19 & CMA 15/19 OF
ADDITIONAL DISTRICT COURT, OTTAPALAM
PETITIONER/RESPONDENT/PLAINTIFF:
K.M.RAVI, AGED 51 YEARS
S/O. SOMASUNDARAN K.M., MANASAROVAR, KIZHAKKEKARA,
MANISSERY, OTTAPALAM, PALAKKAD DISTRICT.
BY ADVS.SANTHEEP ANKARATH
J.RAMKUMAR
RESPONDENTS/APPELLANT & DEFENDANTS:
1 HELAN K. LAZAR,AGED 76 YEARS, W/O. LAZAR,
THAINIKUNNATH VEETTIL, MAKKADA AMSOM, KAKKODI
VILLAGE, KOZHIKODE DISTRICT-673010.
2 SHINE, AGED 38 YEARS
S/O. GANGANDHARAN, THOTTINGAL HOUSE, KALLIPADAM,
SHORANUR, PALAKKAD DISTRICT-679122.
BY ADV V.B.RAMANUNNI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.1814/2021
-:2:-
JUDGMENT
Exts.P9 and P10 orders passed by the Additional District Judge,
(for short 'the appellate court') Ottapalam are under challenge in this
original petition.
2. The petitioner is the plaintiff and the respondents are the
defendants in O.S.No.165/2009 on the files of the Munsiff's Court,
Ottapalam (for short 'the trial court'). The suit was one for permanent
prohibitory injunction. When the suit was listed for trial on 5.3.2018,
by the trial court, the 1 st defendant filed an application seeking
adjournment on the ground that she was suffering from diarrhea from
3.3.2018. The said application was dismissed. The 1 st defendant was
set ex-parte and an ex-parte decree was passed. Thereafter, the 1 st
defendant filed I.A.No.1002/2018 to set aside the ex-parte decree.
The trial court dismissed the application as per Ext.P7 order.
Challenging the said order, the 1 st defendant preferred CMA
No.15/2019 with an application to condone the delay as
I.A.No.760/2019 before the appellate court. The appellate court
allowed I.A.No.760/2019 as also the C.M.A. and the application to set
aside the ex-parte decree on payment of cost of ₹15,000/- to the
plaintiff. It is challenging the order in I.A.No.760/2019 as well as the
judgment in C.M.A.No.15/2019 this original petition has been filed.
3. Heard both sides.
When the suit was listed for trial, the 1 st defendant has filed an
application seeking adjournment stating that she was laid up due to
diarrhea. A medical certificate was produced by the 1 st defendant
along with an application to set aside the ex-parte decree. However,
the medical certificate was not taken into account by the trial court.
According to the 1st defendant, she was laid up with fever and diarrhea
from 3.3.2018 and hence, she could not appear before the court. The
medical certificate shows that she was laid up from 2.3.2018 to
8.3.2018. The affidavit filed by the 1 st defendant coupled with the
medical certificate produced would show that there was sufficient
cause for her non appearance. I find no irregularity or impropriety in
the impugned order. Accordingly, the original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 1814/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT IN OS NO.165/2009
AND DATED 21/04/2009 ON THE FILE OF THE
MUNSIFF'S COURT, OTTAPALAM.
Exhibit P2 TRUE COPY OF WRITTEN STATEMENT DATED
26/09/2009 FILED BY THE RESPONDENTS
HEREIN EXHIBIT P1 SUIT.
Exhibit P3 TRUE COPY OF JUDGMENT DATED 31/03/2018
IN OS NO.165/2009 PASSED BY MUNSIFF'S
COURT, OTTAPALAM.
Exhibit P4 TRUE COPY OF AFFIDAVIT FILED BY THE 1ST
RESPONDENT HEREIN IN SUPPORT OF IA
NO.1002/2018 IN OS NO.165/2009 ON THE
FILE OF THE MUNSIFF'S COURT, OTTAPALAM.
Exhibit P5 TRUE COPY OF COUNTER STATEMENT DATED
06/06/2018 FILED BY THE PETITIONER TO
EXHIBIT P4 APPLICATION.
Exhibit P6 TRUE COPY OF THE MEDICAL CERTIFICATE
THAT ACCOMPANIED IN IA NO.1004/2018 IN
OS NO.187/2009 AND DATED 02/03/2018.
Exhibit P7 TRUE COPY OF ORDER DATED 27/06/2019 IN
IA NO.1002/2018 IN OS NO.165/2009 PASSED
BY MUNSIFF'S COURT, OTTAPALAM.
Exhibit P8 TRUE COPY OF THE MEMORANDUM OF APPEAL
DATED 07/06/2018 IN AS NO.37/2018 ON THE
FILE OF THE SUB COURT, OTTAPALAM.
Exhibit P9 TRUE COPY OF ORDER DATED 13/08/2021 IN
IA NO.760/2019 IN CMA NO.15/2019 PASSED
BY ADDITIONAL DISTRICT COURT, OTTAPALAM.
Exhibit P10 TRUE COPY OF ORDER DATED 13/08/2019 IN
CMA NO.15/2019 PASSED BY ADDITIONAL
DISTRICT COURT, OTTAPALAM.
