Jayakrishnan v. Monu
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. 338 of 2015 (O) ------------------------------ (O.S.138/2012 OF MUNSIFF-MAGISTRATE COURT, PATTAMBI) PETITIONER:
-------------- JAYAKRISHNAN, AGED 54 YEARS S/O.N.P.MANI NAIR, SECRETARY THRITHALA SERVICE CO-OPERATIVE BANK LTD., THRITHALA PALAKKAD DISTRICT.
BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.VINOD RAVINDRANATH SRI.SAJU.S.A SMT.MEENA.A.
SRI.K.C.KIRAN SRI.M.DEVESH RESPONDENTS:
-----------------
1. MONU, AGED 52 YEARS S/O.MUHAMMED, RESIDING AT KODAPPANA PERUMANNUR AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679 536.
2. MARAKKAR, S/O.MOIDEEN, PRESIDENT, THRITHALA SERVICE CO-OPERATIVE BANK LTD., THRITHALA PALAKKAD DISTRICT, PIN - 679 534.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 338 of 2015 (O) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :
------------------------------ EXT.P1: THE TRUE COPY OF THE PLAINT IN O.S.NO. 138/2012 ON THE FILE OF MUNSIFF-MAGISTRATE COURT, PATTAMBI DATED 04/08/2012. EXT.P2: THE TRUE COPY OF THE WRITTEN STATEMENT OF THE 1ST DEFENDANT DATED 17/10/2012 IN O.S.NO. 138/2012 ON THE FILE OF MUNSIFF-MAGISTRATE COURT, PATTAMBI.
EXT.P3: THE TRUE COPY OF THE WRITTEN STATEMENT OF THE 2ND DEFENDANT DATED 17/10/2012 IN O.S.NO. 138/2012 ON THE FILE OF MUNSIFF-MAGISTRATE COURT, PATTAMBI.
RESPONDENT'S EXHIBITS: NIL.
------------------------------ // True copy // P.A. To Judge.
smp
P.BHAVADASAN, J.
------------------------------------------------- Original Petition (Civil) No.338 OF 2015 ------------------------------------------------- Dated this the 5th day of February, 2015.
J U D G M E N T
The limited prayer in this original petition is for a direction to the Munsiff-Magistrate Court, Pattambi to take up I.A.No.154/2015 in O.S.No.138/2012 and dispose it of as expeditiously as possible and within a time frame fixed by this Court.
2. The suit was one for damages. Short facts necessary for the purpose of disposal of the petition are as follows: The petitioner is the 1st defendant in the above suit. The plaintiff availed a loan from the Bank and he handed over a bunch of currency notes to the Bank in connection with his loan. Alleging that one of such notes was a fake note, Cashier of the Bank returned the same to the plaintiff. Later on, plaintiff says that he took the note to other Banks and it was found to be genuine. The plaintiff would say that the incident occurred in the presence of various customers of the Bank and that had caused
O.P.(C) No.338/2015 mental agony and loss of reputation to the plaintiff. That is the basis for the suit.
3. The defendants entered appearance and filed written statement. Later they filed an application as I.A No.154/2015 pointing out that the suit is bad by non joinder of necessary parties and the matter may be heard as a preliminary issue. It is pointed out that the said application is kept pending.
4. The limited prayer in this petition is for a direction to the court below to dispose of I.A.No.154/2015 on merits before the suit is listed for trial.
5. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. This original petition is disposed of directing the MunsiffMagistrate Court, Pattambi to take up I.A.No.154/2015 in O.S.No.138/2012 pending before it and dispose of it in accordance with law after hearing necessary parties within a period of one month from today.
Sd/- P.BHAVADASAN JUDGE smp