Kerala High Court
Nalinakshan vs Midhun on 24 October, 2024
2024:KER:79340
O.P.(C). No.2258 of 2024 :1:
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. 2258 OF 2024
IN OS NO.48 OF 2023 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, PERUMBAVOOR
PETITIONER/PLAINTIFF:
NALINAKSHAN
AGED 60 YEARS
SON OF SRI. KRISHNAN KUTTY NAIR, DHANYA NIVAS (ARAKKAL
PUTHEN VEETTIL HOUSE), SOUTH EZHIPRAM KARA, VAZHAKULAM
VILLAGE, KUNNATHUNADU TALUK, VAZHAKULAM P.O., ERNAKULAM
DISTRICT, KERALA, PIN - 683105
BY ADV LUKE J CHIRAYIL
RESPONDENTS/RESPONDENTS:
1 MIDHUN
SON OF SRI. DILEEP KUMAR, KOLLETHUVEETTIL HOUSE, SOUTH
VAZHAKULAM KARA, VAZHAKULAM VILLAGE, KUNNATHUNADU TALUK,
VAZHAKULAM P.O., ERNAKULAM DISTRICT, KERALA, PRESENTLY
RESIDING AT MAIL BOX NO. 2612, 1647, COLUMBIA DRINE,
SMITHERS, BRITISH COLUMBIA, CANADA, PIN – V0J2N0,
PIN - 683105
2 DHANYA NALINAKSHAN
AGED 33 YEARS
DAUGHTER OF SRI. NALINAKSHAN, HAVING PERMANENT ADDRESS AT
DHANYA NIVAS, SOUTH EZHIPRAM KARA, VAZHAKULAM VILLAGE,
KUNNATHUNADU TALUK, VAZHAKULAM P.O., ERNAKULAM DISTRICT,
KERALA, PRESENTLY RESIDING AT #338, GPR, GRANDE, 12TH
CROSS, NEAR SHUBH APARTMENT, CHANDAPURA, BENGALURU,
KARNATAKA, PIN-560099, PIN - 683105
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79340
O.P.(C). No.2258 of 2024 :2:
VIJU ABRAHAM, J.
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O.P.(C) No.2258 of 2024
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Dated this the 24th day of October 2024
JUDGMENT
The petitioner has approached this Court seeking expeditious
disposal of Ext.P2 application filed as I.A.No.2/2023 in
O.S.No.48/2023 pending before the Subordinate Judges' Court,
Perumbavoor.
2. A report was called for from the court concerned regarding
the present status of the suit. A report has been submitted wherein
it is reported that on 22.01.2024 fresh steps were ordered against
the 2nd defendant and the case was posted to 22.03.2024, but no
steps were taken and the case was posted on 20.06.2024 for taking
steps. On 20.06.2024, the 2nd defendant appeared and the case was
posted for written statement to 09.09.2024. The 1 st defendant filed
written statement and the 2nd defendant did not file written
statement, and she was set ex parte. It is also reported that the
case is now posted to 28.10.2024 for hearing I.A.No.2/2023 filed
for temporary prohibitory injunction.
2024:KER:79340
Taking into consideration the above said facts and
circumstances, I am inclined to dispose of the original petition with
a direction to the Civil Judge, Senior Division, Perumbavoor to
dispose of I.A.No.2 of 2023 in O.S.No.48/2023 without any delay, at
any rate, within a period of one month from 28.10.2024.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2024:KER:79340
APPENDIX OF OP(C) 2258/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DATED 28.09.2023
NUMBERED AS O.S. NO. 48/ 2023 ON THE
FILES OF THE HON'BLE SUBORDINATE JUDGES
COURT, PERUMBAVOOR.
Exhibit P2 TRUE COPY OF THE PETITION DATED
28.09.2023 NUMBERED AS I.A. NO. 2/2023 IN
O.S. NO. 48/ 2023 ON THE FILES OF THE
HON'BLE SUBORDINATE JUDGES COURT,
PERUMBAVOOR.
Exhibit P3 TRUE COPY OF THE PETITION DATED
28.09.2023 NUMBERED AS I.A. NO. 3/2023 IN
O.S. NO. 48/ 2023 ON THE FILES OF THE
HON'BLE SUBORDINATE JUDGES COURT,
PERUMBAVOOR.
Exhibit P4 TRUE COPY OF THE CASE STATUS OF O.S. NO.
48/2023 ON THE FILES OF THE HON'BLE
SUBORDINATE JUDGES COURT, PERUMBAVOOR,
OBTAINED FROM E-COURTS WEBSITE.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED
05.09.2024 PREFERRED BY THE FIRST
RESPONDENT HEREIN AS AGAINST EXHIBIT P2.
Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT DATED
05.09.2024 PREFERRED BY THE FIRST
RESPONDENT HEREIN IN O.S. NO. 48/2023 ON
THE FILES OF THE HON'BLE SUBORDINATE
JUDGES COURT, PERUMBAVOOR.
Exhibit P7 TRUE COPY OF THE PETITION DATED
08.08.2024 NUMBERED AS I.A. NO. 6/2024 ON
THE FILES OF THE HON'BLE SUBORDINATE
JUDGES COURT, PERUMBAVOOR.
