High Court of KeralaOP(C)/23/2015disposed of

Lords Developers v. Syamala

2015-01-07Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 OP(C).No. 23 of 2015 (O) ----------------------------------- OS 239/2012 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA -------------- PETITIONER(S):

-------------------------- LORDS DEVELOPERS, DOOR NO T.C/5.454/5, FLAT NO E1, GROUND FLOOR SANKAR KALYAN, PERINGAVU, THRISSUR REPRESENTED BY MANAGING PARTNEER GOVIND GOPINATH.

BY ADV. SRI.K.A.SREEJITH RESPONDENT(S):

-------------------------

1. SYAMALA W/O.CHELUKARAN KRISHNAN, EDAKULAM DESAM POOMANALAM VILLAGE, MUKUNDAPURAM, THRISSUR 680 121.

2. SANGEETHA D/O. SYAMALA, CHELUKARAN HOUSE, EDAKULAM DESAM POOMANALAM VILLAGE, MUKUNDAPURAM, THRISSUR 680 121.

3. SABITHA D/O.SYAMALA, CHELUKARAN HOUSE, EDAKULAM DESAM POOMANALAM VILLAGE, MUKUNDAPURAM, THRISSUR 680 121. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 23 of 2015 (O) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 THE TRUE COPY OF REVIEW PETITION TO REVIEW DECREEE IN OS 239/2012 OF MUNSIFF COURT, IRINJALAKUDA EXHIBIT P2 THE TRUE COPY OF EXECUTION PETITION BEFORE MUNSIFF COURT,THRISSUR TO EXECUTE THE DECREE IN OS 239/2012 OF MUNSIFF COURT,IRINJALAKUDA RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.23 OF 2015 ------------------------------------------------- Dated this the 7th day of January, 2015.

J U D G M E N T

This is a petition in which the relief sought for is rather limited to the extent that the petitioner prays that his review application evidenced by Ext.P1 may be directed to be disposed of at the earliest by the Munsiff Court, Irinjalakuda.

2. It appears that two suits have been filed in two different courts and the parties moved for transfer. It so happened that the suit preferred by the petitioner was transferred to Munsiff Court, Irinjalakuda. The petitioner says that while his transfer O.P was pending, the court below posted the suit filed by the respondents for evidence and that was decreed. He filed a review petition for necessary relief. That petition is not being disposed of.

This original petition is disposed of directing the Munsiff Court, Irinjalakuda to take up I.A No.7669/2014 in O.S.No.239/2012 before that court which, according to the

O.P.(C) No.23/2015 petitioner, is a review petition to review the judgment and decree passed against the petitioner and dispose of it in accordance with law within a period of one month from the date of receipt of a copy of this judgment.

Sd/- P.BHAVADASAN JUDGE smp