[Cites 2, Cited by 0]
Kerala High Court
K.P.Jagadheesh vs Subair on 27 February, 2026
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OP(C) NO. 3141 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
OP(C) NO. 3141 OF 2019
OS NO.278 OF 2017 OF PRINCIPAL MUNSIFF COURT KOZHIKODE-I
PETITIONER:
K.P.JAGADHEESH,
AGED 58 YEARS
S/O. KOVIL PURAYIL APPUTTY, RESIDING AT 18/1039,
'KERALA SREE', JAIL ROAD, KASABA AMSOM, KARIAKUNNU
DESOM, P. O. PUTHIYARA, KOZHIKODE.
BY ADVS.
SHRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 SUBAIR
AGED 38 YEARS
S/O. KOYAPPERI, RESIDING AT PANNIKKUZHI HOUSE,
PERUVAYAL AMSOM, CHERUKULATHUR DESOM, POST
CHERUKULATHUR, KOZHIKODE - 673 008.
2 M/S ROYAL MOUNT PROPETY DEVELOPERS (PVT.) LTD.
17/1491 D, 3RD FLOOR, MALABAR GATE BY MANAGING
DIRECTOR, KASABA AMSOM, KARIAKKUNNU DESOM, RAM MOHAN
ROAD, KOZHIKODE - 673 004.
3 M/D GLITTERMOUNT INDIA DEVELOPERS (PVT) LTD.
17/1491 D, 3RD FLOOR, MALABAR GATE BY MANAGING
DIRECTOR, KASABA AMSOM, KARIAKKUNNU DESOM, RAM MOHAN
ROAD, KOZHIKODE - 673 004.
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OP(C) NO. 3141 OF 2019
4 M/S WHITEMOUNT PROPERTY DEVELOPERS (PVT.) LTD.
17/1491 D, 3RD FLOOR, MALABAR GATE BY MANAGING
DIRECTOR, KASABA AMSOM, KARIAKKUNNU DESOM, RAM MOHAN
ROAD, KOZHIKODE - 673 004.
5 M/S SKYMOUNT INFRASTRUCTURE DEVELOPERS (PVT.) LTD.
17/1491 D, 3RD FLOOR, MALABAR GATE BY MANAGING
DIRECTOR, KASABA AMSOM, KARIAKKUNNU DESOM, RAM MOHAN
ROAD, KOZHIKODE - 673 004.
6 FATHIMA T. P.
AGE NOT KNOWN TO THE PETITIONER, W/O. MOIDEENKOYA S.
P., RESIDING AT NADUKKATTIL HOUSE, POOVATTUPARAMBA P.
O., KOZHIKODE - 673 008.
7 JAMEELA T. P.
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT PADINHARAYIL HOUSE, CHERUKULATHUR P. O.,
PARIYANGAD, KOZHIKODE - 673 008.
8 AMINAKUTTY T. P.
AGE NOT KNOWN TO THE PETITIONER, W/O. SAKEER HUSSAIN,
RESIDING AT KUZHIYIL HOUSE, KODIYATHUR, KOZHIKODE - 673
602.
9 RAMLA T. P.
AGE NOT KNOWN TO THE PETITIONER, W/O. MAMUKOYA,
RESIDING AT KINARULLAKANDIYIL HOUSE, KARANTHUR P. O.,
KOTTAMPARAMB, KOZHIKODE - 673 571.
10 SAITHALAVI T. P.
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT PADINHARAYIL HOUSE, CHERUKULATHUR P. O.,
PARIYANGAD, KOZHIKODE - 673 008.
11 SAJIDA T. P.
AGE NOT KNOWN TO THE PETITIONER, W/O. ABDU K. K.,
RESIDING AT KUZHIYIL HOUSE, THERUPARAMBI, TIRUVAMBADI
P. O., KOZHIKODE - 673 603.
12 MUJEEB T. P.
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT PADINHARAYIL HOUSE, CHERUKULATHUR P. O.,
PARIYANGAD, KOZHIKODE - 673 008..
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OP(C) NO. 3141 OF 2019
13 SIDDIQUE T. P.
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT PADINHARAYIL HOUSE, CHERUKULATHUR P. O.,
PARIYANGAD, KOZHIKODE - 673 008.
14 SUBAIDA MUHAMMED
AGE NOT KNOWN TO THE PETITIONER, D/O. KOYAPPERI,
RESIDING AT PARASSERY VEEDU, MUNDUMUZHI, KORAPPADAM,
VAZHAKKAD AMSOM DESOM, MALAPPURAM - 673 640.
15 ASMABI MOOSA
AGE NOT KNOWN TO THE PETITIONER, D/O. KOYAPPERI,
RESIDING AT NADUKKATTIL VEEDU, PERUVAYAL AMSOM DESOM,
POOVATTUPARAMB P. O., KOZHIKODE - 673 008.
16 SUHARA ABDULLA
AGE NOT KNOWN TO THE PETITIONER, D/O. KOYAPPERI,
RESIDING AT CHERUVATTA HOUSE, NOCHAD P. O., NOCHAD
AMSOM DESOM, KOYILANDY TALUK - 673 614.
17 RASIYA ABDUL LATHEEF
AGE NOT KNOWN TO THE PETITIONER, D/O. KOYAPPERI,
RESIDING AT KAMBURATHPOYIL VEEDU, PERUMANNA AMSOM,
PUTHUR DESOM, PAYYADIMEETHAL, PANTHEERAKAVU P. O.,
KOZHIKODE - 673 019.
18 SUBAIR
AGE NOT KNOWN TO THE PETITIONER, S/O. KOYAPPERI,
RESIDING AT PANNIKKUZHIYIL HOUSE, PERUVAYAL AMSOM,
CHERUKULATHUR DESOM, P. O. CHERUKULATHUR, KOZHIKODE -
673 008.
BY ADVS.
SHRI.NIRMAL.S FOR R6, R10, R13 & R15
SMT.VEENA HARI FOR R15
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) NO. 3141 OF 2019
P.Krishna Kumar, J.
==============================
O.P.(C).No.3141 of 2019
=======================================
Dated this the 27th day of February, 2026
JUDGMENT
The plaintiff in O.S.No.278/2017 on the file of
the Principle Munsiff-I, Kozhikode is the petitioner
herein.
2. When the case was listed for trail, the
petitioner filed an application for remitting a
Commissioner Report, together with a petition to
condone delay. The trial court rejected the
application for condonation of delay and consequently,
rejected the petition for remitting the Commissioner
Report as per Exts.P12 and P13 orders, respectively.
3. Heard the learned counsel appearing for the
petitioner and the respondents.
4. The learned counsel appearing for the
respondents stoutly objected the petition contending
that the attempt of the petitioner is only to protract
the matter endlessly.
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OP(C) NO. 3141 OF 2019
5. Having considered the grounds raised in the
petition and the reasons stated in Ext.P12 order
passed by the trial court, I am of the view that the
order under challenge is liable to be set aside.
Ext.P13 order was passed solely on the ground that the
petition for condoning the delay in submitting the
application was dismissed by the Court. The law does
not mandate that the petition for setting aside or
remitting back a Commissioner Report has to be filed
within a particular period.
6. At any rate, the application was filed within
a period of three years and thus, it is within the
period prescribed by the residual provisions in
Article 137 of the Limitation Act.
7. In the circumstances, the trial court ought
to have considered the matter on merits, as the
petitioner was not required to file any application
for condoning the delay.
8. In the above circumstances, Ext.P13 order is
liable to be set aside. The Original Petition is thus
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OP(C) NO. 3141 OF 2019
disposed of with the following directions:
(a) The trial court shall consider
I.A.No.1878/2017 on merits, after affording an
opportunity to both sides to raise their contentions.
(b) Considering the inordinate delay occurred in
disposing of the same owing to the pendency of this
petition, the trial court is directed to dispose of
the application within a period of two months.
Sd/-
P.Krishna Kumar, Judge
rsr
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OP(C) NO. 3141 OF 2019
APPENDIX OF OP(C) NO. 3141 OF 2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SUIT AS O.S.35/2012 ON THE
FILE OF THE MUNSIFF COURT -II, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE 1ST DEFENDANT.
EXHIBIT P3 TRUE COPY OF THE JOINT WRITTEN STATEMENT
FILED DEFENDANTS 2 TO 5.
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
DEFENDANTS 6 TO 18.
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 28.7.2016
PREPARED BY THE ADVOCATE COMMISSIONER AS WELL
AS THE PLAN.
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT
OF I.A. 4134/2016 DATED 3.10.2016.
EXHIBIT P7 TRUE COPY OF THE REPORT DATED 23.2.2017 ALONG
WITH THE PLAN PREPARED BY THE COMMISSIONER.
EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT AND PETITION AS
I.A.1878/2017 DATED 10.11.2017.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT
OF I.A.1924/17 DATED 10.11.2017.
EXHIBIT P10 TRUE COPY OF THE OBJECTION FILED BY
DATED 30.7.2018.
EXHIBIT P11 TRUE COPY OF THE COUNTER STATEMENT FILED BY
DATED 30.7.2018.
EXHIBIT P12 TRUE COPY OF THE ORDER IN I.A.1924/2017 DATED
8.10.2018.
EXHIBIT P13 TRUE COPY OF THE ORDER IN I.A.1878/2017 DATED
8.10.2018.
