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High Court of KeralaOP(C)/2496/2015disposed of

K.M.Jayaprakash v. Beeny Diaz

2015-11-12Honourable Mr. Justice P.B.Suresh Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 OP(C).No. 2496 of 2015 (O) --------------------------- AGAINST OS.NO.146/2013 of PRL.M.C., KOCHI.

PETITIONER:- ---------- K.M.JAYAPRAKASH, AGED 62 YEARS, MADHAVAN, KALLUMADATHIL HOUSE, NARAKKAL, ERNAKULAM.

BY ADVS.SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED RESPONDENTS:- -----------

1. BEENY DIAZ, AGED 42 YEARS S/O.CHARLEY, CHERIMMEL HOUSE, CHERIYAMTHURUTHU VARAPPUZHA.

2. SOBAN S/O.SEBASTIAN, PANAKKAL HOUSE, WARD NO.5 NJARAKKAL, PIN - 682 505.

R1 BY ADV. SRI.T.N.SURESH R1 BY ADV. SRI.V.S.ANU MON R2 BY ADV. SRI.M.N.SANJITH THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2496 of 2015 (O) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- ----------------------- EXHIBIT P1. TRUE COPY OF THE PLAINT IN O.S.NO.146/2013 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, KOCHI.

EXHIBIT P2. TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT/SECOND RESPONDENT HEREIN IN O.S.NO.146/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, KOCHI.

EXHIBIT P3. TRUE COPY OF THE I.A.NO.2466/2015, FILED BY THE PETITIONER HEREIN IN O.S.NO.146/2013 ON THE FILE OF MUNSIFF'S COURT, KOCHI.

RESPONDENT(S)' EXHIBITS:- NIL.

----------------------- // true copy // PA TO JUDGE.

Kvs/-

P.B.SURESH KUMAR, J.

= = = = = = = = = = = = = O.P.(C).No.2496 of 2015.

= = = = = = = = = = = = = Dated this the 12th day of November, 2015.

J U D G M E N T

The grievance highlighted by the petitioner in this Original Petition is that steps are being taken for the final disposal of Ext.P1 suit without considering Ext.P3 application filed by him in the suit for impleading him as a party.

2.

Heard the learned counsel on either side.

3.

In so far as Ext.P3 application has been filed by the petitioner seeking orders to implead him as a party to the suit, it is obligatory for the court to dispose of the same on merits before the disposal of the suit. In the said view of the matter, I direct the Munsiff's Court, Kochi to consider and pass orders on Ext.P3, after hearing the plaintiff and defendant before the disposal of the suit. The Original Petition is disposed of as above. Sd/- P.B.SURESH KUMAR, JUDGE.

Kvs/- // true copy // PA TO JUDGE.