Kerala High Court
G.V. Panicker Alias G. Velayudha ... vs Syamalendu on 25 August, 2025
2025:KER:64613
OP(C) NO. 2104 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
OP(C) NO. 2104 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CMA NO.16 OF 2025 OF DISTRICT &
SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, ALAPPUZHA ARISING OUT OF
THE ORDER/JUDGMENT DATED 05.02.2025 IN OS NO.21 OF 2015 OF ASSISTANT
SESSIONS COURT/SUB COURT / COMMERCIAL COURT, CHERTHALA
PETITIONER/S:
1 G.V. PANICKER ALIAS G. VELAYUDHA PANICKER
AGED 76 YEARS
S/O GOVINDA PANICKER, INDEEVARAM HOUSE, K.R. PURAM P.O.,
PALLIPPURAM VILLAGE, PALLIPURAM MURI, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
2 K.G.R. PANICKER
AGED 72 YEARS
S/O GOVINDA PANICKER, POORNAM HOUSE, K.R. PURAM P.O.,
PALLIPURAM VILLAGE, PALLIPURAM MURI, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
3 DEEPAK R. PANICKER
AGED 33 YEARS
S/O K.G.R. PANICKER, POORNAM HOUSE, K.R. PURAM P.O.,
PALLIPURAM VILLAGE, PALLIPURAM MURI, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
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OP(C) NO. 2104 OF 2025
2
SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/S:
1 SYAMALENDU
AGED 39 YEARS
S/O SURENDRANATHA PANICKER, MURINGANEZHATHAYA SREE DEVANIYIL
FROM KAITHATHUTHARA, PALLIPURAM VILLAGE, PALLIPURAM MURI,
CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688541
2 C.P. REMADEVI
AGED 43 YEARS
D/O SURENDRA PANICKER, SOWPARNIKA, ATHIKODU KARA,
KOZHINJAMPARA VILLAGE, PALAKKAD, FROM MURINGANEZHATHAYA SREE
DEVAYANIYIL FROM KAITHATHUTHARA, PALLIPURAM VILLAGE,
PALLIPURAM MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN -
688541
3 C.P. SUMADEVI
AGED 41 YEARS
D/O. SURENDRANATHA PANICKER, NIRMALYAM HOUSE, OKKAL VILLAGE,
CHELAMATTOM KARA, PERUMBAVOOR TALUK, FROM MURINGANEZHATHAYA
SREE DEVAYANIYIL FROM KAITHATHUTHARA, PALLIPURAM VILLAGE,
PALLIPPURAM MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN
- 688541
4 INDIRA
AGED 50 YEARS
D/O JANAKI, KIZHAKKE KANNEZHATHU, VAYALAR EAST VILLAGE,
UZHUVA MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN -
688536
5 BINOJ
AGED 42 YEARS
S/O MANIYAN, THIKATTU LEKSHAM VEETTIL, CHENNAM PALLIPPURAM
MURI, PALLIPURAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA
DISTRICT, PIN - 688541
6 BINEESH
AGED 45 YEARS
S/O GOPI, CHATHAMANGALAM LEKSHAM VEETTIL, CHENNAM
PALLIPPURAM MURI, PALLIPURAM VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
7 VINOD
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OP(C) NO. 2104 OF 2025
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AGED 40 YEARS
S/O GOPI, CHATHAMANGALAM LEKSHAM VEETTIL, CHENNAM
PALLIPPURAM MURI, PALLIPURAM VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
8 SINIMOL
AGED 40 YEARS
W/O VINOD, CHATHAMANGALAM LEKSHAM VEETTIL, CHENNAM
PALLIPPURAM MURI, PALLIPURAM VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688541
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) NO. 2104 OF 2025
4
JUDGMENT
Dated this the 25th day of August, 2025
This original petition has been filed by petition for issuing a
direction to the District Court, Alappuzha, to dispose of CMA
No.16/2025 in I.A No. 1/2025 in a time-bound manner.
2. Looking into the facts and circumstances of the case,
issuance of notice to the other side and calling the report from the
trial court is hereby dispensed with.
3.The case of the petitioner is that the respondents have filed
the suit against defendant No.1 and others in the year 2015 in O.S.
NO. 21/2015 for partition and separate possession of the suit
schedule properties. However, it is submitted that Defendant No.1
had already executed a Will in favour of the petitioner on
16.05.2013. The execution of the said Will was suppressed by the
respondents, despite being aware of the same, they proceeded to
file the suit. After the suit was filed, the petitioner came to know
about it and filed an application under Order 22 Rule 10 of the Civil
Procedure Code to be added as a party in the case, based on the Will
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OP(C) NO. 2104 OF 2025
dated 16.05.2013 executed by the deceased Defendant No.1 in her
favour. But the trial court dismissed the application; therefore, the
petitioner filed CMA 16/25 and also the I.A. The first appellate court
issued the notice, but did not grant a stay of the suit proceedings.
Therefore, the Munsiff Court Cherthala is proceeding with the trial
and the evidence. If the evidence is completed before the appeal
(CMA) is decided, the petitioner's rights may be curtailed.
Moreover, if the CMA is allowed after the evidence has already been
recorded, it would seriously prejudice the petitioner's case. Hence,
prayed for issuing directions.
4.Considering the facts and circumstances of the case, it is
necessary to issue directions to the District Court, Alappuzha, and
dispose of the appeal in a time-bound manner.
5.Accordingly, the original petition is disposed of, with a
direction to the District court Alappuzha to hear and dispose of CMA
No.16/2025 within three months from the date of receipt of this
judgment and I.A No.01/2025 within two weeks from today.
However, the prayer for staying the original suit is not granted
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OP(C) NO. 2104 OF 2025
by this court, and the liberty granted to the petitioner to approach
the District Court, Alappuzha, for the remedy, and the District Court
Alappuzha should consider the I.A No.01/2025, if the petitioner
advanced the matter either on 29/08/2025 or 30.08.2025.
Sd/-
K. NATARAJAN
JUDGE
SJ
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OP(C) NO. 2104 OF 2025
APPENDIX OF OP(C) 2104/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF CIVIL MISCELLANEOUS
APPEAL DATED 15.3.2025 IN C.M.A. NO.16/2025 ON THE
FILE OF THE DISTRICT COURT, ALAPPUZHA
Exhibit P2 TRUE COPY OF THE ORDER DATED 5.2.2025 IN I.A.
NO.1/2020 IN O.S. NO.21/2015 ON THE FILE OF THE
SUB COURT, CHERTHALA
Exhibit P3 TRUE COPY OF THE PLAINT FILED ON 21.8.2015 IN O.S.
NO.21/2015 ON THE FILE OF THE SUB COURT, CHERTHALA
Exhibit P4 TRUE COPY OF THE PETITIONERS' APPLICATION DATED
6.2.2020 IN I.A. NO.1/2020 IN O.S. NO.21/2015 ON
THE FILE OF THE SUB COURT, CHERTHALA
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 15.1.2021 FILED
BY RESPONDENTS 1 AND 2 IN I.A. NO. 1/2020 IN O.S.
NO.21/2015 ON THE FILE OF THE SUB COURT, CHERTHALA
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 15.3.2025 IN
I.A. NO.1/2025 IN C.M.A. NO. 16/2025 ON THE FILE
OF THE SUB COURT, CHERTHALA
Exhibit P7 THE CASE STATUS WOULD SHOW THESE PROCEEDINGS. TRUE
COPY OF THE CASE STATUS OF C.M.A. NO.16/2025 ON
THE FILE OF THE DISTRICT COURT, ALAPPUZHA AS
DOWNLOADED AND PRINTED FROM ITS OFFICIAL WEBSITE
Exhibit P8 TRUE COPY OF THE CASE STATUS OF O.S. NO.21/2015 ON
THE FILE OF THE SUB COURT, CHERTHALA AS DOWNLOADED
AND PRINTED
Exhibit P9 TRUE COPY OF I.A. NO.2/2025 DATED 15.3.2025 IN
C.M.A. NO. 16/2025 ON THE FILE OF THE DISTRICT
COURT, ALAPPUZHA
Exhibit P10 TRUE COPY OF THE WILL NO.81.2013 DATED 16.5.2013
OF THE S.R.O., PANAVALLY
