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Kerala High Court
Jithendranath V vs Shimna Dileep C on 23 December, 2025
OP(C) NO. 3153 OF 2025 1 2025:KER:98833
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947
OP(C) NO. 3153 OF 2025
JUDGMENT DATED 30.10.2025 IN CMA NO.13 OF 2025 OF II
ADDITIONAL SUB COURT, KOZHIKODE ARISING OUT OF THE ORDER DATED
17.02.2025 IN I.A.NO.2 OF 2024 IN OS NO.410 OF 2024 OF
ADDITIONAL MUNSIFF COURT I, KOZHIKODE
PETITIONER/APPELLANT IN CMA/1ST RESPONDENT IN IA/1ST DEFENDANT
IN O.S.:
JITHENDRANATH V
AGED 54 YEARS
S/O.ACHUTHAN NAIR, AGED 54 YEARS, VADAKKEDATH HOUSE,
POST CHELANNUR, KAKKODI, CHELANNUR AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT,
KERALA STATE, PIN - 673616
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
SMT.UMAMAHESWARY P.M.
SMT.SHWETHA MARIA SOLOMON
SHRI.SHALVIN CHAMATHAKAL ROBIN
RESPONDENTS/RESPONDENTS IN CMA/PETITIONER & RESPONDENTS NO.2 TO
4 IN I.A.2/2024/PLAINTIFF & DEFENDANTS NO.2 TO 4 IN O.S.:
1 SHIMNA DILEEP C
W/O DILEEP KUMAR, AGED 45 YEARS, KANNAMKANDARI
HOUSE, KURUVATTUR AMSOM DESOM, KURUVATTUR P.O.,
KOZHIKODE TALUK, KOZHIKODE DISTRICT,
KERALA, PIN - 673012
2 SANTHOSH KUMAR
OP(C) NO. 3153 OF 2025 2 2025:KER:98833
S/O RAGHAVAN NAIR, AGED 50 YEARS, SINDHU NIVAS,
KURUVATTUR P.O., KAKKODI VIA, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, KERALA, PIN - 673611
3 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
VATAKARA, KOZHIKODE DISTRICT, KERALA, PIN - 673101
4 THE REGIONAL TRANSPORT OFFICER
NANMINDA, NANMINDA POST, NANMINDA VILLAGE, KOZHIKODE
DISTRICT, KERALA, PIN - 673613
ADV.SMT.SILPA N.P. - GP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 3153 OF 2025 3 2025:KER:98833
JUDGMENT
The learned counsel for the petitioner submitted that the
petitioner is limiting the reliefs sought in the Original Petition to the
expeditious disposal of I.A.No.4 of 2025 in O.S.No.410 of 2024 pending
before the Additional Munsiff's Court-I, Kozhikode.
2. In view of the limited relief sought in this Original Petition, I
am of the view that notice to respondents 1 and 2 can be dispensed with.
3. The Original Petition is disposed with a direction to the
learned Munsiff to take up I.A.No.4 of 2025 in O.S.No.410 of 2024 as
expeditiously as is possible and to pass orders in accordance with law
after hearing all parties.
Sd/-
S.MANU
JUDGE
MC/23.12
OP(C) NO. 3153 OF 2025 4 2025:KER:98833
APPENDIX OF OP(C) NO. 3153 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO.
410/2024 FILED BY THE 1ST RESPONDENT
BEFORE THE MUNSIFF'S COURT I KOZHIKODE
DATED 18/10/2024
Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PETITIONER BEFORE THE MUNSIFF'S
COURT I KOZHIKODE DATED 11/8/2025 IN OS
Exhibit P3 A TRUE COPY OF I.A. NO. 2/2024 IN OS NO.
410/2024 FILED BY THE 1ST RESPONDENT
BEFORE THE MUNSIFF'S COURT I KOZHIKODE
DATED 18/10/2024
Exhibit P4 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONER IN IA NO. 2/2024 IN OS
NO. 410/2024 BEFORE THE MUNSIFF'S COURT I
KOXHIKODE DATED 11/11/2024
Exhibit P5 A TRUE COPY OF THE ORDER DATED 17.02.2025
IN I.A. NO. 2/2024 IN O.S. NO. 410/2024
PASSED BY THE MUNSIFF'S COURT I KOZHIKODE
Exhibit P6 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN
C.M.A. NO. 13/2025, FILED BY THE
PETITIONER BEFORE THE HON'BLE DISTRICT
COURT KOZHIKODE DATED 24/3/2025
Exhibit P7 A TRUE COPY OF THIS PETITION FILED BY THE
PETITIONER ALONG WITH THE AFFIDAVIT IN CMA
13/2025 FILED BEFORE THE DISTRICT
KOZHIKODE DATED 24/3/2025
Exhibit P8 A TRUE COPY OF THE APPELLATE ORDER DATED
30.10.2025 IN C.M.A. NO. 13/2025 PASSED BY
THE II ND ADDITIONAL SUB COURT KOZHIKODE
Exhibit P9 THE TRUE COPY OF I.A. NO. 4/2025 IN O.S.
NO. 410/2024 FILED BY THE PETITIONER
BEFORE THE MUNSIFF'S COURT I KOZHIKODE
