High Court of KeralaOP(C)/155/2015allowed

Satheesh Kumar v. C.K. Jasmine

2015-03-30Honourable Mr.Justice P.Bhavadasan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 ----------------------------------- (AGAINST THE ORDER IN IA.4646/2014 IN IA.87/2014 & IA.4647/2014 IN 88/2014 IN OS.127/2012) PETITIONERS/DEFENDANTS 1 TO 5:

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

1. SATHEESH KUMAR, AGED 41 YEARS S/O.KARODI BALAKRISHNAN, RESIDING AT 38/2509 A SURABHI NIVAS, PUTHIYANGADI AMSOM, EDAKKAD DESOM KAKKUZHI PALAM ROAD, EAST HILL P.O., WEST HILL KOZHIKODE TALUK, KOZHIKODE DISTRICT.

2. SMT.RATNAMANI, AGED 60 YEARS W/O.KARODI BALAKRISHNAN, RESIDING AT 38/2509A SURABHI NIVAS, PUTHIYANGADI AMSOM, EDAKKAD DESOM KAKKUZHI PALAM ROAD, EAST HILL P.O., WEST HILL KOZHIKODE TALUK, KOZHIKODE DISTRICT.

3. SANTHOSH KUMAR, AGED 44 YEARS S/O.KARODI BALAKRISHNAN, RESIDING AT 38/2509 A SURABHI NIVAS, PUTHIYANGADI AMSOM, EDAKKAD DESOM KAKKUZHI PALAM ROAD, EAST HILL P.O., WEST HILL KOZHIKODE TALUK, KOZHIKODE DISTRICT.

4. SABEESH KUMAR, AGED 36 YEARS S/O.KARODI BALAKRISHNAN, RESIDING AT 38/2509 A SURABHI NIVAS, PUTHIYANGADI AMSOM, EDAKKAD DESOM KAKKUZHI PALAM ROAD, EAST HILL P.O., WEST HILL KOZHIKODE TALUK, KOZHIKODE DISTRICT.

5. SURABI, AGED 34 YEARS S/O.KARODI BALAKRISHNAN, RESIDING AT 38/2509 A SURABHI NIVAS, PUTHIYANGADI AMSOM, EDAKKAD DESOM KAKKUZHI PALAM ROAD, EAST HILL P.O., WEST HILL KOZHIKODE TALUK, KOZHIKODE DISTRICT.

BY ADVS.SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI cntd...2

RESPONDENTS/PLAINTIFFS:

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

1. C.K. JASMINE, AGED 47 YEARS D/O.MOIDEEN KOYA, RESIDING AT 5/963 PATTAN VEEDU PARAMBA, KACHERI AMSOM & DESOM NADAKKAVU P.O., KOZHIKODE DISTRICT - 673 012.

2. C.K.THESNEEM, AGED 40 YEARS D/O.MOIDEEN KOYA, RESIDING AT 1/2161, ROYAL APARTMENTS KACHERI AMSOM AND DESOM, WEST HILL P.O.

KOZHIKODE DISTRICT - 673 005.

R1-R2 BY ADV. SRI.C.P.MOHAMMED NIAS THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- EXT.P1: A TRUE PHOTOCOPY OF THE PLAINT FILED BY O.S. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE DATED 09/03/2012. EXT.P2: A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED IN O.S. 127/ 2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE DATED 30/07/2012 BY THE PETITIONERS/DEFENDANTS 1 TO 4. EXT.P3: A TRUE COPY OF THE I.A. 87/2014 FILED IN O.S. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE DATED 07/01/2014 FILED BEFORE THE MUNSIFF COURT-I, KOZHIKODE, TO CONDONE THE DELAY. EXT.P4: A COPY OF THE I.A. 88/2014 FILED IN O.S. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I KOZHIKODE WHICH IS THE APPLICATION TO SET ASIDE THE EXPARTE DECREE BEFORE THE MUNSIFF-I COURT, KOZHIKODE, DATED 07/01/2014.

EXT.P5: A TRUE COPY OF THE DISMISSAL ORDER OF IN IA.NO. 87/2014 IN O.S.NO. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE. EXT.P6: A TRUE COPY OF THE DISMISSAL ORDER OF IN IA NO. 88/2014 IN OS NO. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE. EXT.P7: A TRUE PHOTOCOPY OF I.A. 4646/2014 FILED IN O.S. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE ON 10/12/2014. EXT.P8: A TRUE PHOTOCOPY OF I.A. 4647/2014 FILED IN O.S. 127/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF-I, KOZHIKODE DATED 10/12/2014. EXT.P9: A TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL MUNSIFF COURT IN I.A 4646/2014 FILED IN O.S. 127/2012 DATED 17/12/2014 DISMISSING EXHIBIT P7.

EXT.P10: A TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL MUNSIFF COURT IN IA 4647/2014 FILED IN O.S. 127/2012 DATED 17/12/2014 DISMISSING P8.

RESPONDENTS' EXHIBITS : NIL --------------------------------------- // TRUE COPY // PA TO JUDGE dl/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 155 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2015

J U D G M E N T

Under challenge are Exts. P9 and P10 orders in this original petition under Article 227 of the Constitution of India.

The petitioners are defendants in the suit who suffered an exparte decree. They filed I.A. No. 87/2014 to set aside the exparte decree. That was allowed on terms directing the petitioners to pay a sum of 300/- . Since they ₹ did not pay the amount within the stipulated time, they filed I.A.No.4647/2014.

That petition was dismissed and consequently the I.A. to set aside the exparte decree is also dismissed. Subsequently, the amount has been paid. 3.

It is quite unfortunate that the courts below should cling onto technicalities rather than be concerned of doing justice to the parties. There were no justification for not allowing the petitioners to contest the matter on merits.

O.P.(C) No. 155 of 2015 -2In the result, this petition is allowed. The impugned orders are set aside and suit is restored to file and the trial court is directed to dispose of O.S.No. 127/2012 as expeditiously as possible, at any rate, within a period of four months from the date of re-opening of the court. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge