High Court of KeralaOP(C)/2885/2015disposed of

C.J.Mathew v. K.J.Paul

2015-11-27Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 OP(C).No. 2885 of 2015 (O) --------------------------- OS NO. 598/2011 OF SUB COURT, ERNAKULAM ---------------- PETITIONER/PETITIONER IN IA/PLAINTIFF IN THE SUIT : ---------------------------------------------------------------------------------- C.J.MATHEW, AGED 66 YEARS S/O.C.D. JOHN, FLAT NO.5B, TRINITY CROWN EDAPALLY, COCHIN.

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHY MENON SRI.K.P.ABDUL RASSAK SRI.SUSEEL M. MENON SMT.BINI SARAMMA RESPONDENTS/RESPONDENTS IN IA/DEFENDANTS IN THE SUIT : -----------------------------------------------------------------------------------------------

1. K.J.PAUL S/O.VARKEY JOSEOPH, KUREEKKAL HOUSE, MAVELI NAGAR COCHIN UNIVERSITY P.O., KOCHI - 682 022.

2. JACOB JOSEPH PARAMBATHUSSERY S/O.JOSEPH, 102 A/XXIII, EDAPPALLY SOUTH EDAPPALLY P.O., ERNAKULAM, KOCHI - 682024.

3. M/S. KANSAI INFRASTUCTURE & DEVELOPERS PVT. LTD., 32/2982 B, SAHRUDAYA BUILDING, PONNURUNNI VYTTILA P.O., ERNAKULAM, [IN - 682 018.

4. M/S.KERALA RUBBER AND RECLAIMS LTD., OFFICE AT CARMEL BUILDINGS, BANERJI ROAD ERNAKULAM, COCHIN 18 REPRESENTED BY MANAGING DIRECTOR MRS.SABIENA ABRAHAM, PIN - 682 018.

R1 BY ADV. SRI.K.N.CHANDRABABU R4 BY ADVS. SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(C).No. 2885 of 2015 (O) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

TRUE COPY OF THE JUDGMENT IN OPC.NO.25/2015 DATED 29.10.2015. EXT. P2:

TRUE COPY OF THE IA.NO.4793/2015 DATED 19.11.2015. EXT. P3:

TRUE COPY OF THE INTERM APPLICATION DATED 26/11/2015. EXT. P4:

TRUE COPY OF THE INTERIM APPLICATION SEEKING TO MARK THE DOCUMENT AS B SERIES DATED RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2885 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2015

J U D G M E N T

Petitioner is the plaintiff in OS.598 of 2011 of Sub Court, Ernakulam and the respondents are the defendants. The suit has already been tried and it stands posted for disposal now. It appears that the petitioner filed an application to summon a document a copy of which was already marked and the application has been dismissed. It is alleged that without hearing the petitioner the learned Sub Judge has posted the case for judgment. He wants a direction to the learned Sub Judge to allow him to submit his arguments. There is also a request to direct the Sub Judge to pass orders on Exts.P2 to P4 applications. 2.

Heard.

I think the request of the petitioner to direct the Sub Judge to allow him to submit his arguments is reasonable. The petitioner submits that he will submit his argument on 14.12.2015. If it is not inconvenient for the learned Sub Judge to hear the matter on that day, he shall give the counsel an opportunity to be heard.

O.P.(C)No.2885 of 2015 4.

Ext.P2 application was filed to issue direction to produce the original document a copy of which was marked as Ext.P6. It is submitted that the original document has already been produced. So no direction is necessary in this regard. The prayer in Ext.P3 application is to the case for re-hearing. In the light of the direction already given by me no order is to be passed on Ext.P3.

The prayer in Ext.P4 was to mark the original minute books a copy of which was marked as Ext.B6. This is a matter to be looked into by the trial court. In the result, this OP is disposed of with the direction mentioned above.

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