C.K. Gopalan Vs. Kalikutty

C.K. Gopalan vs Kalikutty

Type Court Judgment Court Kerala Decided Aug 18, 2014

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https://sooperkanoon.com/case/1162622

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Citation: sooperkanoon.com/1162622
Court: Kerala High Court
Judge: Honourable Mr.Justice V.Chitambaresh
Decided On: Aug 18, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

C.K. Gopalan

Respondent

Kalikutty

Excerpt

.....in ia.no.7580/2013 in os.no.1180/2009 of the munsiff's court, ernakulam. exhibit p4 : true copy of the judgment dated3011.2013 in the counter claim in ext.p1 suit. exhibit p5 : true copy of the memorandum of appeal in as.no.160/2013 before the district court, ernakulam. exhibit p6 : true copy of the order dated1912.2013 in ia.no.5232/2013 in as.no.160/2013 of the district court, ernakulam. exhibit p7 : true copy of the plaint in os.no.258/2014 of the munsiff's court, ernakulam. exhibit p8 : true copy of the application ia.no.3112/2014 in ext.p7 appeal. respondent(s) exhibits nil. //true copy// p.s. to judge. v.chitambaresh, j.--------------------- o.p (c) no.1876 of 2014 --------------------- dated this the 18th day of august, 2014 judgment the suit was withdrawn under order xxiii rule 1(3) of the code of civil procedure and the counter claim was decreed. the petitioner has filed a fresh suit and also an appeal suit against the decree in the counter claim. the petitioner seeks adjournment of the appeal suit will the disposal of the suit. the petitioner has in this regard filed i.a.no.5232/2013 in a.s.no.160/2013 and is pending.2. i direct the court of the district judge of ernakulam to consider i.a.no.5232/2013 in a.s.no.160/2013 expeditiously. every endeavour shall be made to pass orders thereon within a period of two weeks from the date of production of this judgment. the original petition is disposed of. sd/- v.chitambaresh, judge. nj.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE18H DAY OF AUGUST201427TH SRAVANA, 1936 OP(C).No. 1876 of 2014 (O) --------------------------- AGAINST THE ORDER

IN OS2582014 of MUNSIFF COURT, ERNAKULAM AGAINST THE ORDER

IN AS1602013 of DISTRICT COURT-IV (CBI-II) ERNAKULAM. PETITIONER(S): (Appellants in the court below and plaintiffs in the trial court) ---------------- 1. C.K. GOPALAN, AGED47S/O.KUNJAN, CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM.

2. C.K.RAJU, AGED41 S/O.KUNJAN HALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM.

3. C.K.KRISHNANKUTTY, AGED50YEARS, S/O.KUNJAN, CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM.

4. SAVITHRI, AGED51YEARS W/O.RAMANAN & D/O.KUNJAN, CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM. BY ADVS.SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT(S): (Respondents in the court below and defendants in the trial court) 1. KALIKUTTY, AGED ABOUT71 W/O.LATE KANNAN, CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM2 ARAVINDAN, AGED ABOUT46 S/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM3 DIVAKARAN, AGED ABOUT43 S/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM4 MINI, AGED ABOUT39 D/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM OP (C) No.1876/2014 :

2. :

5. BINDU, AGED ABOUT35 D/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM6 MOHANAN, AGED ABOUT33 S/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM7 SREEJA, AGED ABOUT31 D/O.LATE KANNAN CHALIYATH KAROTT HOUSE MARITHAZHAM P.O., KANJIRAMATTOM, ERNAKULAM THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON1808-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.(C) No. 1876 OF 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE PLAINT IN OS.NO.1180/2009 ON THE FILE OF THE MUNSIFF'S COURT ERNAKULAM. EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT OF THE RESPONDENTS IN EXT.P1 SUIT. EXHIBIT P3 : TURE COPY OF THE ORDER

DATED3011.2013 IN IA.NO.7580/2013 IN OS.NO.1180/2009 OF THE MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P4 : TRUE COPY OF THE JUDGMENT

DATED3011.2013 IN THE COUNTER CLAIM IN EXT.P1 SUIT. EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM OF APPEAL IN AS.NO.160/2013 BEFORE THE DISTRICT COURT, ERNAKULAM. EXHIBIT P6 : TRUE COPY OF THE ORDER

DATED1912.2013 IN IA.NO.5232/2013 IN AS.NO.160/2013 OF THE DISTRICT COURT, ERNAKULAM. EXHIBIT P7 : TRUE COPY OF THE PLAINT IN OS.NO.258/2014 OF THE MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P8 : TRUE COPY OF THE APPLICATION IA.NO.3112/2014 IN EXT.P7 APPEAL. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.

--------------------- O.P (C) No.1876 of 2014 --------------------- Dated this the 18th day of August, 2014

JUDGMENT

The suit was withdrawn under Order XXIII Rule 1(3) of the Code of Civil Procedure and the counter claim was decreed. The petitioner has filed a fresh suit and also an Appeal suit against the decree in the counter claim. The petitioner seeks adjournment of the Appeal Suit will the disposal of the suit. The petitioner has in this regard filed I.A.No.5232/2013 in A.S.No.160/2013 and is pending.

2. I direct the court of the District Judge of Ernakulam to consider I.A.No.5232/2013 in A.S.No.160/2013 expeditiously. Every endeavour shall be made to pass orders thereon within a period of two weeks from the date of production of this judgment. The Original Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.

Same Court & Year Kerala · 2014 Same Parties C.K. Gopalan vs Kalikutty Same Subject Land Acquisition Same Judge Honourable Mr.Justice V.Chitambaresh