Kerala High Court
Kalpakam vs Prabha Kumar on 30 October, 2024
2024:KER:80963
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
OP(C) NO. 2197 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.202 OF 2020 OF ASSISTANT
SESSIONS COURT/ADDITIONAL SUB COURT, IRINJALAKUDA
PETITIONERS:
1 KALPAKAM
AGED 74 YEARS
D/O PARAMU, VEMBULLIPURAM, VELLIKULANGARA DESOM,
KUTTICHIRA VILLAGE, CHALAKKUDY TALUK, THRISSUR-680699,
PIN - 680699
2 RADHA
AGED 82 YEARS
,D/O PARAMU, VEMBULLIPURAM, VELLIKULANGARA DESOM,
KUTTICHIRA VILLAGE, CHALAKKUDY TALUK THRISSUR-, PIN -
680699
3 PRAKASHAN,
AGED 72 YEARS
S/O PARAMU, VEMBULLIPURAM, VELLIKULANGARA DESOM,
KUTTICHIRA VILLAGE, CHALAKKUDY TALUK THRISSUR-, PIN -
680699
BY ADVS.
KRISHNADAS P. NAIR
K.L.SREEKALA
HARIDAS P.NAIR
M.RAJESH KUMAR
M.A.VINOD
K.G.MANOJ KUMAR
PRASOON.K.P
ANU PRABHAKAR
SWATHYKRISHNA K.
ABHIRAMI P.S.
VISHNU PRASAD
OP(C) No. 2197 of 2024 :2:
2024:KER:80963
MERLIN THOMAS
RESPONDENTS:
1 PRABHA KUMAR
AGED 69 YEARS, S/O PARAMU, VEMBULLIPURAM,
VELLIKULANGARA DESOM, KUTTICHIRA VILLAGE, CHALAKKUDY
TALUK THRISSUR-, PIN - 680699
2 SATI,
AGED 70 YEARS, D/O PARAMU, VEMBULLIPURAM,
VELLIKULANGARA DESOM, KUTTICHIRA VILLAGE, CHALAKKUDY
TALUK THRISSUR-, PIN - 680699
3 LAILA,
AGED 69 YEARS, D/O PARAMU, VEMBULLIPURAM,
VELLIKULANGARA DESOM, KUTTICHIRA VILLAGE, CHALAKKUDY
TALUK THRISSUR, PIN - 680699
4 SYAMANTHAKAMANI,
AGED 76 YEARS, D/O PARAMU, VEMBULLIPURAM,
VELLIKULANGARA DESOM, KUTTICHIRA VILLAGE, CHALAKKUDY
TALUK THRISSUR-, PIN - 680699
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 2197 of 2024 :3:
2024:KER:80963
VIJU ABRAHAM , J.
===========================
OP(C) No. 2197 of 2024
============================
Dated this the 30th day of October, 2024
JUDGMENT
Petitioners have approached this Court seeking expeditious
disposal of IA No.1 of 2024 in CMA No.45 of 2024 pending before the
District Court, Irinjalakkuda, wherein the petitioners have sought for
stay of all further proceedings in FDIA No.10 of 2022 in OS No.202 of
2020 on the file of the Sub Court, Irinjalakkuda.
2. A report was called for from the Court concerned, wherein
it is reported that the appeal was admitted on 07.06.2024 and notice
was issued to the respondents. While the appeal was pending IA
No.1 of 2024 was filed seeking stay of all further proceedings in FDIA
No.10 of 2022. The respondents 1 and 4 who are appearing in the
appeal sought time to file counter statement in the said IA, and the
IA is now posted for counter statement of respondent Nos. 1 and 4
and awaiting return of notice of respondents 2 and 3. The case is
posted to 28.10.2024. The learned Counsel for the petitioners
submits that no orders have been passed on 28.10.2024.
Taking into consideration the fact that IA No.1 of 2024 in CMA
No.45 of 2024 is pending consideration and the case is now posted
2024:KER:80963
for a counter statement of respondents 1 and 4 and also awaiting
return of notice to respondents 2 and 3, above original petition is
disposed of with a direction to the Additional District and Sessions
Judge, Irinjalakkuda to take up IA No.1 of 2024 in CMA No.45 of 2024
after the counter statement is filed by respondents 1 and 4 and after
service of notice on respondents 2 and 3, and pass appropriate
orders thereon, without any delay, at any rate within an outer limit
of three weeks after the said proceedings are completed.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:80963
APPENDIX OF OP(C) 2197/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE O.S NO. 202/2020
BEFORE THE SUB-COURT IRINJALAKKUDA
Exhibit P2 THE TRUE COPY OF THE R.P NO. 48/2022 FILED
BEFORE THE SUB-COURT IRINJALAKKUDA
Exhibit P3 THE TRUE COPY OF THE FDIA NO. 10/2022 IN
O.S NO. 202/2020 BEFORE THE SUB COURT
IRINJALAKKUDA
Exhibit P4 THE TRUE COPY OF THE MEMO IN R.P NO.
48/2022 FILED BEFORE THE SUB-COURT
IRINJALAKKUDA
Exhibit P5 THE TRUE COPY OF THE R.P NO. 60/2023 IN
O.S NO. 202/2020 FILED BEFORE THE SUB-
COURT IRINJALAKKUDA I
Exhibit P6 THE TRUE COPY OF THE I.A NO. 1/2023 IN R.P
NO. 60/2023 IN O.S NO. 202/2020 FILED
BEFORE THE SUB-COURT IRINJALAKKUDA
Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN OP(C) 377
OF 2024 DATED 15.02.2024
Exhibit P8 THE TRUE COPY OF THE COMMON ORDER IN RP
I.A NO.60/2023 AND I.A NO.1/2023IN O.S NO.
202/2020 DATED 23.03.2024 ISSUED BY THE
HONORABLE SUB COURT IRINJALAKUDA
Exhibit P9 THE TRUE COPY OF THE C.M.A 45 OF 2024
DATED 18.05.2024 FILED BEFORE THE HON'BLE
DISTRICT COURT IRINJALAKUDA
Exhibit P10 THE TRUE COPY OF THE DOCUMENT IN IA1/24 IN
CMA 45 OF 2024
