Sobha S vs Ammini S
2024 Latest Caselaw 13856 Ker

Citation : 2024 Latest Caselaw 13856 Ker
Judgement Date : 28 May, 2024

Kerala High Court

Sobha S vs Ammini S on 28 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No. 1116 of 2024               :1:


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE DR. JUSTICE       KAUSER EDAPPAGATH

     TUESDAY, THE 28TH DAY OF MAY     2024 / 7TH JYAISHTA, 1946

                         OP(C) NO. 1116 OF 2024

AGAINST THE ORDER/JUDGMENT DATED 05.08.2023 IN CMA NO.33
OF 2022 OF III ADDITIONAL DISTRICT COURT, KOLLAM ARISING
OUT OF THE ORDER/JUDGMENT DATED 08.08.2022 IN OS NO.14 OF
2018 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
               COMMERCIAL COURT, KOLLAM

PETITIONER(S)/DEFENDANTS:

 1         SOBHA S, AGED 50 YEARS W/O. SAJEEV, KRISHNA",
           KILKOLLOOR CHERRY, KOLLAM ( VEENA BHAVAN,
           ORIENT NAGAR, PATTATHANAM), PIN - 691004
 2         SAJEEV N AGED 54 YEARS S/O. NARAYAN ,"KRISHNA",
           KILIKOLLOOR VILLAGE, KILIKOLLOOR CHERRY, KOLLAM,
           PIN - 691004
           BY ADVS. T.V.GEORGE JIMMY GEORGE (THADATHIL) LINDA
           GEORGE

RESPONDENT(S)/PLAINTIFF:

           AMMINI S AGED 64 YEARS W/O. SOMARAJAN, KAYATTUPURAYIL
           VEEDU, ULIYAKKOVIL, KOLLAM EAST VILLAGE, KOLLAM, PIN -
           691019

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) No. 1116 of 2024                       :2:

                         Dated this the 28th day of May, 2024.


                                  JUDGMENT

The petitioners are the defendants and the respondent is the

plaintiff in O.S.No.14/2018 on the file of Principal Sub Court, Kollam.

2. The suit was one for realization of money based on a

cheque. The suit was decreed by the Trial Court as per the judgment

dated 30.10.2021. The petitioners filed an application to review the

judgment as I.A. No.300/2021. The review petition was allowed on

condition that the petitioners shall furnish security for the plaint

amount by producing the title deed or any other security within one

month from the date of the order. According to the petitioners, they

have complied with the order and furnished sufficient security and

an application was filed to receive the security as IA No.11/2022.

However, the Trial Court found that the security furnished by the

petitioners was not sufficient. Accordingly, IA No.11/2022 was

dismissed. The petitioners challenged the said order before the IIIrd

Additional District Court, Kollam in CMA 33/2022. The learned

Additional District Judge dismissed the CMA. It is challenging the

orders of the learned Sub Judge as well as the learned Additional

District Judge, this original petition has been filed.

3. I have heard Sri. T.V.George, the learned Counsel for the

petitioners.

4. The plaint claim is Rs.12,08,100/-. The property offered

as security by the petitioners is having an extent of 5 cents. The

security furnished by the petitioners was not accepted by the learned

Sub Judge on the ground that there is no material to show the value

of the property. The learned Counsel submits that the petitioners

are prepared to furnish sufficient security with valuation provided a

breathing time is granted.

Hence, this original petition is disposed of granting time to the

petitioners to furnish sufficient security to the satisfaction of the

learned Sub Judge within 45 days. On furnishing the security, the

learned Sub Judge is directed to proceed further with OS No.14/2018

in accordance with law.

Sd/-

DR.KAUSER EDAPPAGATH JUDGE

RPR/-

APPENDIX OF OP(C) 1116/2024

PETITIONERS EXHIBITS

Exhibit P1 TRUE COPY OF PLAINT IN O.S NO.14/2018 DATED 8.3.2018 BEFORE THE SUB COURT, KOLLAM Exhibit P2 TRUE COPY OF WRITTEN STATEMENT DATED 16.10.2018 IN O.S NO. 14/2018 FILED BEFORE THE SUB COURT, KOLLAM Exhibit P3 TRUE COPY OF CAVEAT PETITON NO. 53/2018 AGAINST SMT MINI S SHYAM BEFORE THE MUNSIFF COURT, KOLLAM Exhibit P4 TRUE COPY OF JUDGMENT DATED 30.10.2021 IN O.S NO.14/2018 PASSED BY THE SUB COURT, KOLLAM Exhibit P5 TRUE COPY OF MEMORANDUM OF REVIEW PETITION NO.300/2018 BEFORE THE SUB COURT, KOLLAM IN OS

Exhibit P6 CERTIFIED COPY OF ORDER OF REVIEW DATED 8.4.2022 IN I.A NO. 300/2021 IN O.S NO. 14/2018 Exhibit P7 TRUE COPY OFTHE PETITION FURNISHING SECURITY NUMBERED AS I.A NO.11/2022 IN O.S NO 14/2018 DATED 2.8.2022 Exhibit P8 TRUE COPY OF THE DISMISSAL ORDER DATED 8.8.2022 IN I.A. NO. 11/'22 IN O.S 14/2018 PASSED BY PRINCIPAL SUB COURT. KOLLAM Exhibit P9 TRUE COPY OF THE MEMORANDUM OF APPEAL IN CMA NO.

33/2022 DATED 19.9,2022 FILED BEFORE THE DISTRICT COURT, KOLLAM Exhibit P10 CERTIFIED COPY OF JUDGMENT DATED 5.8.2023 IN CMA NO. 33/2022 PASSED BY THE IIIRD ADDITIONAL DISTRICT COURT,KOLLAM