Lasar @ Paulraj vs Saviour

Type Court Judgment Court Kerala Decided May 30, 2024

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https://sooperkanoon.com/case/1302658

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Citation: sooperkanoon.com/1302658
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: May 30, 2024
Case Number: OP(C)/2067/2023

Parties & Advocates

Appellant / Petitioner

Lasar @ Paulraj

Respondent

Saviour

Excerpt

.....all the four suits are similar in nature. the parties are also more or less the same. considering the pleadings in all the suits, all of them are to be tried together. the grievance of the petitioners is that o.s. no.158/2015 was filed as early as in 2015 and the transfer was effected when it was ripe for trial. the fact that one of the case is ripe for trial, is not a ground to deny transfer, since all the suits are connected and is in respect of the same property. hence, this original petition is dismissed. however, the additional sub court, palakkad is directed to dispose of all the four suits, as expeditiously as possible. sd/- dr. kauser edappagath judge br appendix of op(c) 2067/2023 petitioners’ exhibits exhibit p1 true copy of op (transfer) no.142/2022 filed on 26.11.2022 before district court, palakkad exhibit p2 true copy of counter statement filed by petitioners herein and 7th respondent herein on 13.09.2023 exhibit p3 . true copy of plaint dated 30.03.2015 in o.s.no.158/2015 on the files of munsiff's court, chuttur exhibit p4 true copy of written statement filed by defendants in o.s.no.158/2015 before munsiff's court, chittur dated 30.03.2016 exhibit p5 true copy of plaint in o.s.no.197/2022 filed before munsiff's court, chittur on 24.05.2022 exhibit p6 true copy of written statement filed by defendants 2 to 7 dated 28.02.2023 exhibit p7 true copy of plaint in o.s.no.202/2022 filed before munsiff's court, chittur on 28.05.2022 exhibit p8 true copy of written statement filed by defendants 2 to 7 dated 28.02.2023 in o.s.no.202/2022 exhibit p9 true copy of plaint dated 02.07.2022 in o.s.no.149/2022 before additional sub court, palakkad exhibit p10 true copy of written statement in o.s.no.149/2022 filed by defendants on 05.09.2023 exhibit p11 true copy of order dated 19.09.2023 in exhibit-p1 transfer petition (op( transfer) no.142/2022 respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 30TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 AGAINST THE ORDER DATED 19.09.2023 IN OPTR NO.142 OF 2022 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD PETITIONERS/RESPONDENTS 1, 3 TO 10:

1 LASAR @ PAULRAJ AGED 60 YEARS S/O LATE AROGYASWAMI NALLUVEEDUCHALLA, 2 JOHN SELVARAJ AGED 72 YEARS S/O MARIYACHINNU, NALLUVEEDUCHALLA, 3 JHON JOSEPH AGED 56 YEARS S/O MARIYACHINNU NALLUVEEDUCHALLA, VADAKARAPATHHY VILLAGE, CHITTUR TALUK, PALAKKAD DT, PIN - 678557 4 AMALADAS AGED 65 YEARS S/O MARIYANAYAKKAM NALLUVEEDUCHALLA, 5 DEEPAK GABRIEL AGED 43 YEARS, S/O LATE DEVADAS NALLUVEEDUCHALLA, VADAKARAPATHHY VILLAGE, CHITTUR TALUK, PALAKKAD DT, PIN - 678557 6 JAYASEELAN AGED 70 YEARS S/O LATE GURUSWAMI MANIYAKKARANCHALLA PARISIKKAL 7 SAVIOUR ALIAS LIYO SAVIOUR S/O LATE GURUSWAMI MANIYAKKARANCHALLA, PARISIKKAL

8 JAMES @ JAMES DEVARAJ AGED 56 YEARS S/O LATE GURUSWAMI MANIYAKKARANCHALLA PARISIKKAL 9 LOUISMARY AGED 63 YEARS W/O LATE MICHAEL @ GEORGE MICHAEL MANIYAKKARANCHALLA PARISIKKAL POST, VADAKARAPATHY AMSOM, CHITTUR TALUK, PALAKKAD DT, PIN - 678566 BY ADVS. R.HARISHANKAR M.N.MATHEW ERFANA PARAMBADAN RESPONDENTS/PETITIONERS 1 TO 6 & RESPONDENTS 2, 11: 1 SAVIOUR AGED 62 YEARS 2 SANDHYAVU @ JAMES 3 DANIEL DHARMARAJ AGED 57 YEARS 4 KANAKAPPAN S/O LATE JOHN KURUSU KANAKKANKALATHIL, 5 DEVADAS AGED 57 YEARS S/O LATE JHON KURUSU KANAKKANKALATHIL,

6 PETER AGED 51 YEARS S/O LATE JHON KURUSU KANAKKANKALATHIL, 7 PAKKIYAN AGED 64 YEARS S/O LATE AROGYASWAMI NALLUVEEDUCHALLA, 8 CHARLES XAVIER AGED 61 YEARS S/O LATE JOHN KURUSU KANAKKANKALATHIL, BY ADVS. RAJESH SIVARAMANKUTTY BINOY VASUDEVAN K.V.ANTONY(K/522/2015) A.P.BEELAMMA(K/741/2013) ARUL MURALIDHARAN(K/000853/2018) R.MANIKANTAN(M-697)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Dated this the 30th day of May, 2024

JUDGMENT

This Original Petition has been filed challenging Ext.P11

order passed in Original Petition(Transfer) No.142/2022.

2. As per Ext.P11 order passed by the District Court,

Palakkad, the learned District Judge transferred O.S. Nos.158/2015, 197/2022 and 202/2022 pending on the file of Munsiff Court, Chittur to the Additional Sub Court, Palakkad for joint trial with O.S. No.149/2022.

3. Heard both sides.

4. It is not much in dispute that the properties involved

in all the four suits are similar in nature. The parties are also more or less the same. Considering the pleadings in all the suits, all of them are to be tried together. The grievance of the petitioners is that O.S. No.158/2015 was filed as early as in 2015 and the transfer was effected when it was ripe for trial. The fact that one of the case is ripe for trial, is not a ground to deny transfer, since all the suits are connected and is in respect of the same property. Hence, this Original Petition is dismissed. However, the Additional Sub Court, Palakkad is directed to dispose of all the four suits, as expeditiously as possible. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF OP(C) 2067/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF OP (TRANSFER) NO.142/2022 FILED ON 26.11.2022 BEFORE DISTRICT COURT, PALAKKAD Exhibit P2 TRUE COPY OF COUNTER STATEMENT FILED BY PETITIONERS HEREIN AND 7TH RESPONDENT HEREIN ON 13.09.2023 Exhibit P3 . TRUE COPY OF PLAINT DATED 30.03.2015 IN O.S.NO.158/2015 ON THE FILES OF MUNSIFF'S COURT, CHUTTUR Exhibit P4 TRUE COPY OF WRITTEN STATEMENT FILED BY DEFENDANTS IN O.S.NO.158/2015 BEFORE MUNSIFF'S COURT, CHITTUR DATED 30.03.2016 Exhibit P5 TRUE COPY OF PLAINT IN O.S.NO.197/2022 FILED BEFORE MUNSIFF'S COURT, CHITTUR ON 24.05.2022 Exhibit P6 TRUE COPY OF WRITTEN STATEMENT FILED BY DEFENDANTS 2 TO 7 DATED 28.02.2023 Exhibit P7 TRUE COPY OF PLAINT IN O.S.NO.202/2022 FILED BEFORE MUNSIFF'S COURT, CHITTUR ON 28.05.2022 Exhibit P8 TRUE COPY OF WRITTEN STATEMENT FILED BY DEFENDANTS 2 TO 7 DATED 28.02.2023 IN O.S.NO.202/2022 Exhibit P9 TRUE COPY OF PLAINT DATED 02.07.2022 IN O.S.NO.149/2022 BEFORE ADDITIONAL SUB COURT, PALAKKAD Exhibit P10 TRUE COPY OF WRITTEN STATEMENT IN O.S.NO.149/2022 FILED BY DEFENDANTS ON 05.09.2023 Exhibit P11 TRUE COPY OF ORDER DATED 19.09.2023 IN EXHIBIT-P1 TRANSFER PETITION (OP( TRANSFER) NO.142/2022 RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2024 Same Parties Lasar @ Paulraj vs Saviour Same Judge Honourable Dr. Justice Kauser Edappagath