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High Court of KeralaOP(C)/2784/2014disposed of

Gopalakrishnan Nair v. Nobi Jose

2015-10-27Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 OP(C).No. 2784 of 2014 (O) --------------------------- (AGAINST ORDER DATED 12/11/2014 IN IA.NO.2132/2014 IN OS.NO.342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM) PETITIONER(S):

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1. GOPALAKRISHNAN NAIR AGED 66 YEARS S/O.PRABHAKARAN NAIR, NALANDA, ANICKAL WEST PO ANICKADU VILLAGE, KOTTAYAM TALUK

2. LAKSHMIKUTTYAMMA D/O.DEVAKIYAMMA, LAKSHMI SADANAM, ANICKAD WEST PO ANICKADU VILLAGE, KOTTAYAM TALUK

3. RAJAGOPAL S/O.PRABHAKARAN, THEKKETHUTHEKKETHIL HOUSE ANICKADU VILLAGE, KOTTAYAM TALUK BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S):

---------------------------- NOBI JOSE S/O.JOSE, PANANTHANATHU HOUSE, NADACKAL ERATTUPETTA 686 121.

R1 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) R1 BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2784 of 2014 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE PLAINT IN OS NO. 342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM EXHIBIT P1(A) COPY OF THE SALE AGREEMENT DATED 27/6/2012 REFERRED TO IN EXHIBIT P1 PLAINT EXHIBIT P2 COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO.342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM EXHIBIT P3 COPY OF TRHE INTERLOCUTORY APPLICATION DATED NIL FILED BY THE DEFENDANTS ON 7/11/2014 TO REMOVE THJE CASE FROM SPECIAL LIST EXHIBIT P4 COPY OF THE COMMISSION APPLICATION DATED 7/11/2014 (IA NO.2132/20140 FILED BY THE DEFENDANTS IN OS NO. 342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM EXHIBIT P5 COPY OF THE OBJECTION DATED 11/11/2014 FILED BY THE PLAINTIFF TO IA NO.2132/2014 COMMISSION IN OS NO.342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM EXHIBIT P6 COPY OF THE ORDER DATED 12/11/2014 IN IA NO. 2132/2014 IN OS NO. 342/2013 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //True Copy// PA to Judge

K.ABRAHAM MATHEW, J ------------------------------------ O.P.(C)NO.2784 OF 2014 ----------------------------------- Dated this the 27th day of October, 2015

J U D G M E N T

------------------ Petitioners are the defendants in OS.342 of 2013 of Sub Court, Kottayam. The suit is filed by the respondent for refund of prepaid purchase price. The petitioners filed IA.2132 of 2014 to appoint a commissioner. The learned Sub Judge has dismissed it for the sole reason that it was highly belated.

2.

Heard.

3.

It is submitted that the matter was referred for mediation and as the mediation was not successful the records were sent back to the court. Immediately on receipt of the records the learned Sub Judge posted the case for trial. If this is correct the petitioners cannot be found fault with for not filing the application earlier. So I am inclined to grant the prayer.

In the result, this O.P is allowed. Ext.P6 order is set aside. IA.2132 of 2014 is allowed. The learned Sub Judge shall appoint a commissioner and fix his remuneration.

O.P.(C)NO.2784 OF 2015 The suit shall be disposed of before the court closes for summer vacation in 2016.

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