Kerala High Court
Sankaran vs Gopalan on 24 October, 2024
O.P.(C).No.2339 of 2024 1
2024:KER:79255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
OP(C) NO. 2339 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 24.09.2024 IN OS
NO.2773 OF 2017 OF PRINCIPAL MUNSIFF COURT,THRISSUR
PETITIONERS:
1 SANKARAN,AGED 70 YEARS
S/O THUNDAPPAN, RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
2 SHYAMALA,AGED 65 YEARS
SHYAMALA, AGED 65, D/O THUNDAPPAN RESIDING IN THE
ADDRESS THEKKOOT HOUSE, VELUTHUR VILLAGE DESOM,
ARIMBUR P O, THRISSUR DISTRICT,, PIN - 680620
3 SUMATHI,GED 59 YEARS
D/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
4 PARAMESWARAN,AGED 57 YEARS
S/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
5 NANDHANAN @ NANDHAKUMAR
AGED 50 YEARS
S/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
6 VASANTHY,AGED 55 YEARS
D/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT,, PIN - 680620
7 VASUDEVAN
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AGED 50 YEARS
S/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT,, PIN - 680620
8 RADHIKA,AGED 45 YEARS
D/O VELAYUDHAN, RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
9 SEEMA,AGED 43 YEARS
D/O VELAYUDHAN, RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
10 AMBILI,AGED 40 YEARS
D/O VELAYUDHAN, RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT,, PIN - 680620
11 YAMUNA,AGED 60 YEARS
W/O PURUSHOTHAMAN @ MANI, RESIDING IN THE ADDRESS
THEKKOOT HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P
O, THRISSUR DISTRICT,, PIN - 680620
12 GOPINATHAN,AGED 40 YEARS
S/O PURUSHOTHAMAN @ MANI, RESIDING IN THE ADDRESS
THEKKOOT HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P
O, THRISSUR DISTRICT, PIN - 680620
13 SUNIL @ SUNILKUMAR,AGED 37 YEARS
S/O PURUSHOTHAMAN @ MANI, RESIDING IN THE ADDRESS
THEKKOOT HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P
O, THRISSUR DISTRICT, PIN - 680620
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 GOPALAN
AGED 78 YEARS
S/O VELUKUTTY, RESIDING IN THE ADDRESS
VALIYAVEETTIL HOUSE, CHEMBUTHARA, PANAMCHERY
VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, (S/O
LATE KOCHUMON, D/O THEKOOT CHATHUNNI, CHATHU),
KAIPULLY VILLAGE DESOM, THRISSUR TALUK, PANAMCHERY
P O, THRISSUR DISTRICT, PIN - 680620
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2 VASU
AGED 76 YEARS
S/O VELUKUTTY, RESIDING IN THE ADDRESS
VALIYAVEETTIL HOUSE, NADATHARA VILLAGE DESOM,
NADATHARA P O, THRISSUR TALUK, THRISSUR DISTRICT,,
PIN - 680571
3 GANGADHARAN
AGED 65 YEARS
S/O VELUKUTTY, RESIDING IN THE ADDRESS
VALIYAVEETTIL HOUSE, NADATHARA VILLAGE DESOM,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680751
4 KUMARI
AGED 50 YEARS
D/O VELUKUTTY, RESIDING IN THE ADDRESS
VALIYAVEETTIL HOUSE, NADATHARA VILLAGE DESOM,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680571
5 SOBHANA
AGED 63 YEARS
D/O VELU, RESIDING IN THE ADDRESS VADAKEPURAKKAL
HOUSE, AVINISSERY VILLAGE DESOM, PARALAM P O,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680563
6 VENU
AGED 59 YEARS
S/O VELU, RESIDING IN THE ADDRESS VALIYAVEETTIL
HOUSE, NADATHARA VILLAGE DESOM, NADATHARA P O,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680751
7 RAMA
AGED 45 YEARS
S/O VELU, RESIDING IN THE ADDRESS VALIYAVEETTIL
HOUSE, NADATHARA VILLAGE DESOM, NADATHARA P O,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680751
8 KARTHYAYANI
AGED 85 YEARS
W/O RAMAN, THEKOOT HOUSE, PALLIPURAM DESOM,
KODANNOOR VILLAGE, PARALAM P O, THRISSUR TALUK,
THRISSUR DISTRICT,, PIN - 680563
9 SANTHA RAMAKRISHNAN
AGED 73 YEARS
W/O THEKOOT RAMAKRISHNAN, THEKOOT HOUSE , KATTUR
VILLAGE DESOM, KATTUR P O, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT,, PIN - 680121
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10 LALITHA
AGED 61 YEARS
W/O GOPI, RESIDING IN THE ADDRESS VALIYAPURAKKAL
HOUSE, PALLIPURAM DESOM, KODANNOOR VILLAGE,
PARALAM P O, THRISSUR TALUK, THRISSUR DISTRICT,,
PIN - 680563
11 SARASWATHI
AGED 45 YEARS
D/O RAMAN, PALLIPURAM DESOM, KODANNOOR VILLAGE,
PARALAM P O, THRISSUR TALUK, THRISSUR DISTRICT,,
PIN - 680563
12 SANTHA
AGED 73 YEARS
W/O THEKOOT RAMAKRISHNAN, VELUTHUR VILLAGE DESOM,
ARIMBOOR P O, THRISSUR TALUK, THRISSUR, PIN -
680620
13 RATHEESH
AGED 40 YEARS
S/O THEKOOT RAMAKRISHNAN, VELUTHUR VILLAGE DESOM,
ARIMBOOR P O, THRISSUR TALUK, THRISSUR DISTRICT,,
PIN - 680620
14 GIREESH
AGED 38 YEARS
S/O THEKOOT RAMAKRISHNAN, VELUTHUR VILLAGE DESOM,
ARIMBOOR P O, THRISSUR TALUK, THRISSUR DISTRICT,
PIN - 680620
15 KARTHYAYANI,
AGED 72 YEARS
D/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT, PIN - 680620
16 VISWAMBHARAN
AGED 45 YEARS
S/O THUNDAPPAN RESIDING IN THE ADDRESS THEKKOOT
HOUSE, VELUTHUR VILLAGE DESOM, ARIMBUR P O,
THRISSUR DISTRICT,, PIN - 680620
17 THANKA
AGED 78 YEARS
D/O NARAYANAN, THEKOOT HOUSE, BEHIND CHANTHA,
CHERP VILLAGE DESOM, CHERP P O, THRISSUR TALUK,
THRISSUR DISTRICT,, PIN - 680561
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18 SARADA
AGED 76 YEARS
D/O NARAYANAN, THEKOOT HOUSE, BEHIND CHANTHA,
CHERP VILLAGE DESOM, THRISSUR TALUK, THRISSUR
DISTRICT,, PIN - 680561
19 SANTHA
AGED 73 YEARS
D/O NARAYANAN, THEKOOT HOUSE, BEHIND CHANTHA,
CHERP VILLAGE DESOM, THRISSUR TALUK, THRISSUR
DISTRICT,, PIN - 680561
20 SEETHA
AGED 57 YEARS
D/O NARAYANAN, THEKOOT HOUSE, BEHIND CHANTHA,
CHERP VILLAGE DESOM, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680561
21 SHEELA
AGED 53 YEARS
D/O NARAYANAN, THEKOOT HOUSE, BEHIND CHANTHA,
CHERP VILLAGE DESOM, THRISSUR TALUK, THRISSUR
DISTRICT,, PIN - 680561
22 SILU
AGED 60 YEARS
S/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
23 THANKAMANI,
AGED 59 YEARS
D/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
24 SOBHANA
AGED 58 YEARS
D/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
25 ASOKAN
AGED 56 YEARS
S/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
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THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
26 KUNJUNNI
AGED 50 YEARS
S/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
27 SUNDHARI
AGED 48 YEARS
D/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
28 OMANA
AGED 45 YEARS
D/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
29 SUBRAMANIAN
AGED 42 YEARS
S/O RAMAN, VALIYAPURAKKAL HOUSE, THEKOOT HOUSE,
PALLIPURAM KODANNUR VILLAGE, KODANNUR P O, ,
THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680563
30 KUTTAMANI
AGED 60 YEARS
S/O KUTTAPPAN, VALIYAVEETIL HOUSE, PULARI NAGAR,
THAIKATTUSSERY , EDAKKUNNI VILLAGE, THAIKATTUSSERY
P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680306
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.2339 of 2024 7
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VIJU ABRAHAM, J.
--------------------
O.P.(C).No.2339 of 2024
--------------------------------
Dated this the 24th day of October, 2024
JUDGMENT
The above original petition is filed challenging
Ext.P7 order whereby the request of the respondents
to recall PW1 was allowed.
2. Petitioners submit that OS No.2773 of 2017
was originally instituted seeking a decree of
partition of the plaint schedule property. The
said case was posted for trial and PW1 was
examined, while so the plaintiffs sought to
introduce a document which is given by Smitha
Jayakumar, President of the Arimbur Grama
Panchayath which speaks of certain details of late
Chathunni @ Chathu S/o.Parangadan, a copy of which
is produced as Ext.P4. The petitioners would
contend that if Ext.P4 document is to be marked in
evidence the maker of the document has to be
examined, which has not been done. To prove this
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document the petitioners have filed IA No.16 of
2024, a copy of which is produced as Ext.P5 seeking
permission to recall PW1 which was opposed by the
petitioners by filing Ext.P6 objection. Without
considering the objection raised by the petitioners
the application is allowed by Ext.P7, which is
challenged in this original petition. The learned
counsel for the petitioners submits that Ext.P4
cannot be marked through PW1 and further that
Ext.P7 order permitting to recall PW1 is clearly
illegal and the same is not by a speaking order.
3. I have heard the learned counsel for the
petitioner.
4. A request in Ext.P5 to recall PW1 for further
examination. The specific contention of the
petitioners is that Ext.P4 document cannot be
marked through PW1 and the same can only be proved
through the maker of the document which has not
been done. Since in Ext.P7 the court has only
permitted to recall PW1 for further examination, I
am not inclined to interfere with the said order,
but it is made clear that whether Ext.P4 could be
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marked through PW1, etc., are all matters for the
petitioners to raise at the time of examination of
PW1 and at the time of marking of the said document
and the objection, if any, raised by the
petitioners shall be duly adverted to by the trial
court. The contention of the petitioners with
regard to the veracity of Ext.P4 and as to whether
the it could be marked and proved through PW1,
etc., are left open to be agitated at the
appropriate point of time.
With above said direction, the original petition
is disposed of.
sd/-
VIJU ABRAHAM,JUDGE
pm
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APPENDIX OF OP(C) 2339/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN O S NO 2773
OF 2017 DATED 13.06.2017 ON THE FILE OF
THE 2ND ADDITIONAL MUNSIFFF COURT,
THRISSUR
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY 1.2.4.7.8.10.12 AND 14 OF THE
DEFENDANTS IN OS NO 2773/2017 2ND
ADDITIONAL MUNSIFFF COURT, THRISSUR,
DATED NIL
Exhibit P3 TRUE COPY OF THE STATEMENT FILED BY THE
DEFENDANTS 5,6,9,13 AND 15 DATED
15.06.2023
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
SMITHA JAYAKUMAR, PRESIDENT ARIMBUR
GRAMAM PANCHAYATH DATED 24.01.2024
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED
AS I A NO 16 OF 2024 IN O S NO 2773 OF
2017 DATED 02.04.2024 ON THE FILE OF THE
SECOND ADDITIONAL MUNSIFF COURT,
THRISSUR
Exhibit P6 TRUE COPY OF THE COUNTER FILED TO EXT P5
DATED 20.08.2024
Exhibit P7 TRUE COPY OF THE ORDER PASSED I A NO 16
OF 2024 IN O S NO 2773 OF 2017 DATED
24.09.2024 ON THE FILE OF THE 2ND
ADDITIONAL MUNSIFF COURT, THRISSUR
