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High Court of KeralaOP(C)/2723/2015allowed

Rajesh Gopalakrishnan v. Kamakshy Constructions

2015-11-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 OP(C).No. 2723 of 2015 (O) --------------------------- AGAINST THE ORDER/JUDGMENT IN OS 113/2014 ON THE FILE OF SUB COURT, THRISSUR -------------------------------- PETITIONER(S)/PLAINTIFFS:

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1. RAJESH GOPALAKRISHNAN S/O.V G PODUHUVAL, CHANDRAVILLA, EAST FORT DESOM THRISSUR VILLAGE, THRISSUR TALUK, PIN 680005

2. GEETHANJALI RAJESH W/O, RAJESH GOPALAKRISHNANCHANDRAVILLA EAST FORT DESOM, THRISSUR VILLAGE, THRISSUR TALUK PIN 680005 BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S)/DEFENDANTS:

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1. KAMAKSHY CONSTRUCTIONS, AGED 53 YEARS PAZHAYANADAKAVU, THRISSUR 680001 REPBY THE MANAGING PARTNER, R PARAMESWARAN S/O.P RAMASWAMY, KUATTUPARAMBU MADAOM, METHALA VILLAGE METHALA DESOM, KODUNGALLUR TALUK

2. R.PARAMESWARAN,, AGED 53 YEARS S/O.P RAMASWAMY, KATTUPARAMBU MADOM, METHALA VILLAGE METHALA DESOM, KODUNGALLUR TALUK THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2723 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT.P1:-TRUE PHOTO COPY OF THE AGREEMENT DATED 12/9/2012 EXECUTED BETWEEN THE PETITIONERS AND RESPONDENTS. EXHIBIT.P2:-TRUE PHOTO SHOWING THE PRESENT POSITION OF RICHMOND RESIDENCY EXHIBIT.P3:-TRUE COPY OF PLAINT IN OS NO 113/2014 ON THE FILE OF SUB COURT, THRISSUR EXHIBIT.P4:-TRUE COPY OF THE JUDGMENT AND DECREE IN OS NO 113/2014 DATED 19/6/2014.

EXHIBIT.P5:-TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS/DEFENDANTS IN OS NO 113/2014 EXHIBIT.P6:-TRUE COPY OF THE IA NO 556/2015 FILED BY PETITIONERS/PLAINTIFFS IN OS NO 113/2014 ON THE FILES OF SUB COURT, THRISSUR EXHIBIT.P7:-TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA NO 556/2015 IN OS NO 113/2014 ON THE FILES OF SUB COURT, THRISSUR EXHIBIT.P8:-TRUE COPY OF THE ORDER IN IA NO 556/2015 IN OS NO 113/2014 ON THE FILES OF SUB COURT, THRISSUR EXHIBIT.P9:-TRUE COPYO F THE IA NO 4301/2015 IN OS NO 113/2014 ON THE FILES OF SUB COURT THRISSUR RESPONDENTS' EXHIBITS:

NIL -------------------------------------- R.AV //TRUE COPY// PA TO JUDGE

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2723 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2015

J U D G M E N T

----------------- Petitioners are plaintiffs in OS.113 of 2014 on the file of Sub Judge, Thrissur. The suit is for recovery of Rs.2.35 crores. The respondents defendants were set ex parte initially. On their application the ex parte decree has been set aside. The complaint is that there has been much delay in disposing of the suit as the respondents try to delay its disposal.

2.

Heard.

3.

The request of the petitioners that the learned Sub Judge may be directed to dispose of the suit without delay appears to be reasonable.

In the result this O.P is allowed. The learned Sub Judge is directed to dispose of OS.113 of 2014 before the court closes for summer vacation in 2016.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge