Subhash Babu vs Kallumkal Kurien
2024 Latest Caselaw 30794 Ker

Kerala High Court

Subhash Babu vs Kallumkal Kurien on 30 October, 2024

                                                             2024:KER:80948

               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. 1610 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN OS NO.636 OF 2010 OF

              ASSISTANT SESSIONS COURT/II ADDITIONAL SUB

                          COURT,THIRUVANANTHAPURAM

PETITIONER:
           SUBHASH BABU ,
           AGED 72 YEARS
           S/O. LATE CHANDRASEKHARAN, , VALLIDALE, PARUTHIPARA,
           NALANCHIRA P.O, THIRUVANANTHAPURAM, PIN - 695015
           BY ADVS.
           R.RANJANIE
           MEERA M.


RESPONDENTS:
     1     KALLUMKAL KURIEN
           KALLUMKAL KURIEN, S/O KURIEN THOMAS, KALLUNKAL HOUSE,
           GREEN VALLEY NO. 21, MUTTADA P.O , THIRUVANANTHAPURAM
           -, PIN - 695025
     2     C SHAJI,
           AGED 62 YEARS
           S/O. LATE CHANDRASEKHARAN, SARASWATHY VILASOM,
           PARUTHIPARA, NALANCHIRA P.O, THIRUVANANTHAPURAM-, PIN -
           695015
     3     SUNILKUMAR,
           AGED 66 YEARS
           S/O. LATE CHANDRASEKHARAN, NOW RESIDING AT SARASWATHY
           BHAVAN, KARIYIL, KAZHAKOOTAM, THIRUVANANTHAPURAM, PIN -
           695082

     THIS     OP     (CIVIL)     HAVING   COME   UP    FOR    ADMISSION   ON
30.10.2024,        THE   COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
 OP(C) No. 1610 of 2024              :2:




                                                          2024:KER:80948


                         VIJU ABRAHAM , J.
              ===========================
                      OP(C) No. 1610 of 2024
              ============================
              Dated this the 30th day of October, 2024

                            JUDGMENT

Petitioner has approached this Court seeking expeditious

disposal of Ext.P5 application filed as IA No.4 of 2022 in OS No.636

of 2010 on the file of the 2 nd Additional Subordinate Judge's Court,

Thiruvananthapuram, wherein he has sought for removing the case

from the special list scheduled on 02.01.2023.

Since the said period is already over, I find no reason to issue

any direction to take a decision on Ext.P5 application. Therefore, the

original petition is closed leaving open the right if any of the

petitioner.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:80948

APPENDIX OF OP(C) 1610/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PLAINT IN 0.S.NO.

636/2010 ON THE FILE OF THE SUBORDINATE JUDGES COURT, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT WI.TH COUNTER CLAIM FILED BY THE ADDITIONAL 3RD DEFENDANT, 1ST RESPONDENT HEREIN

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.10.2021 IN IAR NO. 700/2008 OF THE COURT OF THE IIND ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM DATED 23.10.2021

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2021 IN I A NO 1/2021 IN LAA NO. 238/2021, ON THE FILE OF THIS HON'BLE COURT DATED 25.11.2021

Exhibit P5 TRUE COPY OF THE AFFIDAVIT AND PETITION I.A 4/2022 IN O.S 6 36/2010 DATED 17.11.2022, FLLED BEFORE THE ` IIND ADDITIONAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM

Exhibit P6 TRUE COPY OF THE OBJECTION DATED 21.11.2022, FILED BY THE ADDITIONAL 3RD DEFENDANT, 1ST RESPONDENT HEREIN