T Remeshan vs V.R Ramdarmendran
2024 Latest Caselaw 26911 Ker

Kerala High Court

T Remeshan vs V.R Ramdarmendran on 6 September, 2024

                                                2024:KER:67911
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

 FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                      OP(C) NO. 1952 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN OS NO.606 OF 2021

OF ADDITIONAL MUNSIFF COURT,CHERTHALA

PETITIONERS/PLAINTIFFS:

    1       T REMESHAN
            AGED 55 YEARS
            S/O. THANKAPPAN, PAYKANAM KATTIL, MANAPPURAM P.O.
            MANAPPURAM MURI THYCATTUSSERY VILLAGE, CHERTHALA
            TALUK ALAPPUZHA DISTRICT, PIN - 688526

    2       N.G UDHAYAKUMAR
            AGED 55 YEARS
            N.G UDHAYAKUMAR, 55 YEARS, S/O GANGADHARAN,
            NAMBICHIRAYIL, VETTAKKAL P.O. UZHUVA MURI,
            PATTANAKKADU VILLAGE, CHERTHALA., PIN - 688529


            BY ADVS.
            M.S.LETHA
            K.R.VINOD



RESPONDENT/DEFENDANT:

            V.R RAMDARMENDRAN
            S/O RAMU, VALLYATHARA VALAMANGALAM P.O
            VALAMANGALAM SOUTH MURI. THURAVOOR SOUTH VILLAGE,
            PIN - 688532



     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
06.09.2024,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No.1952 of 2024

                                                2024:KER:67911
                                2



                            JUDGMENT

Dated this the 06th day of September, 2024

The trial Court dismissed O.S.No.606/2021 filed by

the petitioner as per Ext.P3 judgment holding that in view of

Section 69(1) of the Kerala Co-operative Societies Act, the

suit is not maintainable.

According to the petitioner, the trial Court ought to

have returned the plaint when it found that there is want of

jurisdiction. Highlighting that the petitioner has filed Ext.P4

review before the trial Court. The limited prayer in this

Original Petition is for a speedy disposal of Ext.P4 review

petition.

In the facts and circumstances of the case, I

directed the trial Court to dispose of Ext.P4 review petition

within a period of one month from the date of receipt of a

copy of this judgment.

Sd/-

M.A.ABDUL HAKHIM JUDGE

2024:KER:67911

APPENDIX OF OP(C) 1952/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE COPY OF THE PLAINT IN O.S NO.

606/2021 OF MUNSIFF COURT CHERTHALA.

Exhibit P2 THE COPY OF THE WRITTEN STATEMENT IN O.S NO. 606/2021 OF MUNSIFF COURT CHERTHALA

Exhibit P3 THE COPY OF THE JUDGMENT IN O.S NO.

606/2021 OF MUNSIFF COURT CHERTHALA

Exhibit P4 THE COPY OF THE REVIEW PETITION NO.3/2024 FILED IN O.S NO. 606/2021 OF MUNSIFF COURT CHERTHALA.