High Court of KeralaOP(C)/337/2015disposed of

Anilkumar v. Ratnakumar

2015-02-054 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 OP(C).No. 337 of 2015 (O) ------------------------------ (O.S.75/2011 OF SUB COURT, CHENGANOOR) PETITIONER:

--------------- ANILKUMAR, AGED 46 YEARS S/O.GOVINDAN, SHEEJA BHAVAN, PAZHAVEEDU, PALLATHURUTHU MURI, ALAPPUZHA DISTRICT.

BY ADV. SRI.E.RADHAKRISHNAN RESPONDENTS:

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

1. RATNAKUMAR, AGED 44 YEARS S/O.SUKUMARAN, VALIAYPARAMBIL VEETTIL, KARAKKADU MURI, CHENGANOOR, ALAPPUZHA DISTRICT-689 121.

2. PADMAKUMAR S/O.SUKUMARAN, VALIAYPARAMBIL VEETTIL, KARAKKADU MURI CHENGANOOR, ALAPPUZHA DISTRICT-689 121.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 337 of 2015 (O) ------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------- P1:-COPY OF PLAINT IN OS NO.15/13.

P2:-COPY OF ATTACHMENT APPLICATION DTD 4/1/2013 FILED BY THE PETITIONER IN OS NO.15/2013.

P3:-COPY OF ATTACHMENT REPORT DTD 22/1/2013 SUBMITTED BY AMIN BEFORE THE MUNSIFF COURT, CHENGANOOR.

P4:-COPY OF JUDGMENT DTD 10/10/2013 PASSED BY THE MUNSIFF COURT, CHENGANOOR IN OS NO 15/13.

P5:-COPY OF IA NO 5/2015 FILED BY THE PETITIONER IN OS NO 75/2011. RESPONDENT(S)' EXHIBITS: NIL -------------------------------- // True Copy // P.A. to Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.337 OF 2015 ------------------------------------------------- Dated this the 5th day of February, 2015.

J U D G M E N T

The petitioner sought to get himself impleaded in O.S.No.75/2011 on the ground that that suit is filed by the 1st respondent in collusion with the 2nd respondent to defeat the right of the petitioner who got a decree in O.S.No.15/2013 filed against the 2nd respondent. O.S.No.75/2011 was a suit for specific performance.

2. The petitioner before this Court says that the property which is the subject matter of O.S.No.75/2011 has been attached in execution of the decree in O.S.No.15/2013 before Munsiff Court, Chengannur in which the petitioner obtained a decree. The petitioner moved I.A.No.5/2015 in O.S.No.75/2011 to get himself impleaded in the suit. That petition was dismissed by the court below.

3. The grievance of the petitioner is that he has not received a carbon copy of the order dated 03.02.2015 in

O.P.(C) No.337/2015 I.A.No.5/2015 though he applied for the same. It is pointed out that the suit stands listed for trial tomorrow. The petitioner therefore prays that there may be a direction to issue carbon copy of the order dated 03.02.2015 in I.A.No.5/2015 and also stay the proceedings.

4. This Court is not impressed with the contention that the petitioner is a necessary party to the proceedings. This original petition is disposed of directing the court below to issue carbon copy of the order dated 03.02.2015 in I.A.No.5/2015 in O.S.No.75/2011 as expeditiously as possible, at any rate, within a period of one week from today. P.BHAVADASAN JUDGE smp