Pavan Abhilash vs Parvathy Renjith
2024 Latest Caselaw 26995 Ker

Kerala High Court

Pavan Abhilash vs Parvathy Renjith on 6 September, 2024

                                            2024:KER:67903



         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. 1967 OF 2024

AGAINST THE ORDER/JUDGMENT DATED IN OS NO.2030 OF 2023

OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM


PETITIONER/2ND PLAINTIFF:

          PAVAN ABHILASH
          AGED 18 YEARS,
          S/O. C. P. ABHILASH SAMTHRIPTI,
          EAST FORT,
          THIRUVANANTHAPURAM,
          PIN - 695023


          BY ADVS.
          K.C.ELDHO
          S.BIJILAL




RESPONDENTS/PLAINTIFFS 1 AND 3 ABD DEFENDANTS 1 TO 7:

    1     PARVATHY RENJITH
          AGED 41 YEARS,
          PARVATHY BHAVAN,
                                           2024:KER:67903
OP(C) NO. 1967 OF 2024

                              2


           TC12/200,
           PGRA 41,
           GREEN LANE PLAMOOD,
           PATTOM VILLAGE,
           PATTOM PO,
           PIN - 695004

    2      JEEVAN ABHILASH
           AGED 16 YEARS
           MINORE REPRESENTED BY
           HER MOTHER PARVATHY RENJITH,
           THE GUARDIAN
           RESIDING AT PARVATHY BHAVAN
           TC 12/200,
           PGRA 41,
           GREEN LANE PLAMOOD,
           PATTOM VILLAGE,
           PATTOM PO,
           PIN - 695004

    3      JANAKI RENJITH
           AGED 35 YEARS,
           RESIDING AT FLAT NO.9C,
           MARUTHAM GATEWAY,
           PETTA,
           THIRUVANANTHAPURAM,
           PIN - 695024

    4      USHA SADASIVAN
           AGED 80 YEARS
           TC-14/768,
           PADMAGIRI,
           POTHUJANAM LANE,
           KUMARAPURAM,
           PIN - 683565
                                             2024:KER:67903
OP(C) NO. 1967 OF 2024

                             3




    5      GEETHA SADASIVAN @ GEETHA MADHUSOODHANAN
           AGED 73 YEARS,
           RESIDING AT
           FLAT NO.10A,
           SARASAWATHY NILAYAM,
           KOWDIAR,
           PIN - 695003


    6      SUDHA SADASIVAN @ SUDHA MADHUSOODHANAN
           AGED 71 YEARS
           RESIDING AT
           FLAT NO.7B,
           ASHTREE MANOR,
           VAZHUTHACAUD,
           THIRUVANANTHAPURAM,
           PIN - 695014


    7      LATHA SADASIVAN
           AGED 68 YEARS
           RESIDING AT
           PADMAGIRI POTHUJANAN LANE,
           KUMARAPURAM,
           PIN - 683565


    8      C. P. ABHILASH
           AGED 45 YEARS
           S/O. KG PREMSHANKAR,
           RESIDING AT
           SAMTHRIPTY,
           EAST FORT,
           THIRUVANANTHAPURAM,
           PIN - 695023
                                                    2024:KER:67903
OP(C) NO. 1967 OF 2024

                                  4




    9          THALPARA RUBBER PRODUCERS SOCIETY
               THALPARA,
               KAVALAMUKKATTA PO
               POOKKONNATHUM PADAM,
               NILAMBOOR
               REPRESENTED BY
               ITS SECRETARY JOBIL THOMAS,
               PIN - 679332



        THIS    OP   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
06.09.2024,       THE COURT    ON THE   SAME DAY   DELIVERED THE
FOLLOWING:
                                              2024:KER:67903
OP(C) NO. 1967 OF 2024

                             5



                         JUDGMENT

1. OS No.2030/2023 on the files of the Munsiff's Court,

Thiruvananthapuram was filed by three plaintiffs,

namely, the petitioner herein as the 2nd plaintiff, the

mother of the petitioner as the 1st plaintiff, and the

brother of the petitioner as the 3rd plaintiff. At the time

of filing of the suit the petitioner and the 3 rd plaintiff

were minors, and they were represented by the 1st

plaintiff.

2. The petitioner attained majority on 07.07.2024. He

does not want to continue the suit along with the other

plaintiffs supporting their contentions. He filed Ext.P2

application to record majority, Ext.P3 Application for

considering the maintainability as a Preliminary Issue 2024:KER:67903 OP(C) NO. 1967 OF 2024

and Ext.P4 Application to strike him off from the status

of the 2nd plaintiff and to place him as the additional 7th

defendant. Thereafter, the 1st plaintiff mother filed

Ext.P5 Application dated 14/08/2024 for appointing an

Advocate Commissioner in which the petitioner is

shown as represented by her.

3. The apprehension of the petitioner is that without

considering Exts.P2 & P4 Applications, the Trial Court

may consider Ext.P5 Application.

4. It is seen that the Ext.P5 Application in the name of the

petitioner is filed after the filing of Ext.P2 and P4

Application by the petitioner.

5. In that view of the matter, I dispose of this Original

Petition directing the Trial Court to dispose of Ext.P2 2024:KER:67903 OP(C) NO. 1967 OF 2024

and Ext.P4 Applications filed by the petitioner within a

period of one month and to consider Ext.P5

Application thereafter.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms 2024:KER:67903 OP(C) NO. 1967 OF 2024

APPENDIX OF OP(C) 1967/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF OS NO.2030 OF 2023IN THE PRINCIPL MUNSIFF'S COURT ,THIRUVANATHAPURAM

Exhibit P2 A TRUE COPY OF IA NO.9 OF 2024 IN OS NO. 2030 OF 2023IN THE PRINCIPL MUNSIFF'S COURT ,THIRUVANATHAPURAM

Exhibit P3 A TRUE COPY OF IA NO.10 OF 2024 IN OS NO.2030 OF 2023 IN THE PRINCIPL MUNSIFF'S COURT ,THIRUVANATHAPURAM

Exhibit P4 A TRUE COPY OF IA NO.11 OF 2024 IN OS NO.2030 OF 2023 IN THE PRINCIPL MUNSIFF'S COURT ,THIRUVANATHAPURAM

Exhibit P5 A TRUE COPY OF IA NO.12 OF 2024 PREFERRED BY THE FIRST RESPONDENT WHO IS THE FIRST PLAINTIFF IN EXHIBIT P1 SUIT

Exhibit P6 A TRUE COPY OF PROCEEDINGS IN EXHIBIT P1 UPLOADED IN THE WEBSITE