Kerala High Court
Prasanth B vs Praveen.B on 10 October, 2024
OP(C).No.2027 of 2024 1
2024:KER:75694
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(C) NO. 2027 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.29 OF 2019 OF
MUNSIFF COURT ,PARAPPANANGADI
PETITIONER:
PRASANTH B,AGED 45 YEARS,S/OBALAKRISHNAN, MANGATTAYIL
HOUSE, PARIYAPURAMAMSOM, ERANAKARANALLURDESOM,
PARIYAPURAMP.O, TANUR, TIRUR TALUK, MALAPPURAM
DISTRICT. REPRESENTED BY POWER OF ATTORNEY HOLDER,
BINU KUMAR, S/O KRISHNA PILLAI, KANDATH HOUSE K.PURAM
AMSOM DESOM, K. PURAM (PO), TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676302
BY ADVS.
JAMSHEED HAFIZ
T.S.SREEKUTTY
RESPONDENT:
PRAVEEN.B,AGED 43 YEARS,S/OBALAKRISHNAN, MANGATTAYIL
HOUSE, PARIYAPURAMAMSOM, ERANAKARANALLURDESOM,
PARIYAPURAMP,O, TANUR, TIRUR TALUK, MALAPPURAM
DISTRICT. NOW RESIDING AT, 304, MADHAV RESIDENCY,
NEAR: SHREEJI SOCIETY, BEHIND NUTHAN VIDHYALAYA, NEW:
SAMA ROAD, , VADODHARA, GUJARATH., PIN - 676302
BY ADVS.
K.P. SUDHEER
SHERRY M.V.(K/976/2001)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.2027 of 2024 2
2024:KER:75694
VIJU ABRAHAM,J
-------------------
OP(C).No.2027 of 2024
-------------------------------
Dated this the 10th day of October, 2024
JUDGMENT
The petitioner has approached this Court
challenging Ext.P5 order whereby Ext.P4 application
filed as IA No.3 of 2024 to remove the case from
the list and to include the same in the list for
2nd week of November was declined.
2. The respondent entered appearance through
counsel and submits that they have no objection in
allowing the request made by the petitioner in
I.A.No.3 of 2024.
3. The contention raised in Ground D of the
original petition is that the petitioner left India
on 03.08.2024 in connection with his employment
since the matter was listed to on 03.10.2024 and
that the court below suo motu advanced the case on
19.8.2024 and relisted the suit from 03.10.2024 to
04.09.2024 and then to 12.09.2024 for trial. In the
said circumstances, petitioner has filed Ext.P4
application as IA No.3 of 2024 to remove the case
2024:KER:75694
from the list and to include in the list for the 2 nd
week of November, 2024.
4. In view of the above facts and circumstances,
I am inclined to set aside Ext.P5 order declining
the said request made by the petitioner with a
consequential direction to the trial court to
include the case in the list for the 2 nd week of
November, 2024, for trial.
With the above said direction, the original
petition is disposed of.
sd/-
VIJU ABRAHAM,JUDGE
pm
2024:KER:75694
APPENDIX OF OP(C) 2027/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS. 29/2019
BEFORE THE COURT OF THE MUNSIFF COURT,
PARAPPANANGADI DATED 12.02.2019
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE RESPONDENT/DEFENDANT IN OS.
29/2019 BEFORE THE COURT OF THE MUNSIFF
COURT, PARAPPANANGADI DATED 08.10.2019
Exhibit P3 TRUE COPY OF THE JUDGEMENT IN OP(C)
1504/2024 BEFORE THE HONOURABLE HIGH
COURT OF KERALA DATED 02.08.2024
Exhibit P 4 TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER HEREIN AS I.A 3/2024 IN
THE SUIT O.S 29/2019 BEFORE THE MUNSIFF
COURT PARAPPANANGADI DATED 04.09.2024
Exhibit P5 TRUE COPY OF THE SCREEN SHORT OF THE
CASE DETAILS FROM THE ECOURTS SHOWING
DETAILS OF THE CASE DATED 06.09.2024 IN
OS NO. 29/ 2024 BEFORE THE MUNSIFF COURT
, PARAPPANANGADI.
