Full Judgment
OP(C) NO. 532 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 OP(C) NO. 532 OF 2023 OS 152/2019 OF II ADDITIONAL DISTRICT COURT,TRIVANDRUM PETITIONER/S: ANILKUMAR.T AGED 49 YEARS S/O THANKAPPAN PILLAI, TC 21/1859(3), SANTHI NIVAS, POPULAR ROAD, KILLIPPALAM, KEEZHARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002 BY ADV LATHEESH SEBASTIAN RESPONDENT/S:
1 SONOK TRADING A PROPRIETORY CONCERN, REPRESENTED BY ITS SOLE PROPRIETOR K.SOOSADIMA, AGED 67 YEARS, S/O.KALISTH, SONOK TRADING, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM . RESIDING AT SRUTHI, TC 26/807(1), CHEMPAKA NAGAR, BAKERY JUNCTION, THIRUVANANTHAPURAM, PIN - 695001 2 K.SOOSADIMA AGED 67 YEARS S/O KALISTH, PROPRIETOR, SONOK TRADING, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, RESIDING AT SRUTHI, TC THIRUVANANTHAPURAM, PIN - 695001 3 SINDHU @ SINDHU ANIL AGED 44 YEARS W/O ANILKUMAR.T., TC 21/1859(3), SANTHI NIVAS, POPULAR ROAD, KILLIPPALAM, KEEZHARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 532 OF 2023 2
JUDGMENT
The original petition is filed to direct the Court of the II Additional Subordinate Judge, Thiruvananthapuram, to issue carbon copy of the order dated 23.2.2023 passed in I.A.No.5/2023 in O.S.No.152/2019 within a reasonable time period and until such time to stay further proceedings in the suit.
2. The petitioner's case is that, he is the first defendant in the suit. He had filed I.A. No.5/2023 seeking leave to amend the written statement. The court below, by
order dated 23.2.2023, has dismissed the said application.
Even though the petitioner has filed an application to issue the carbon copy of the order, the same has not been issued. Nevertheless, the court below is proceeding with the trial of the suit, which is causing prejudice to the petitioner. Hence, the original petition.
3. Heard, Sri.Latheesh Sebastian, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the OP(C) NO. 532 OF 2023 3 respondents.
4. On an evaluation of the pleadings and materials
on record and taking note of the fact that the court below has dismissed I.A.No.5/2023 on 23.2.2023 and the petitioner has already applied for the carbon copy of the order, I am inclined to dispose of the original petition. Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows:
(i) The Court of the II Additional Subordinate Judge, Thiruvananthapuram, is directed to issue carbon copy of
the order dated 23.2.2023 in I.A. No.5/2023 in O.S.No.152/2019, in accordance with law, if the application is in order, as expeditiously as possible, at any rate, within a period of ten days from today.
(ii) The court below is directed to defer further
proceedings in O.S.No.152/2019 by two weeks from today. Sd/- C.S.DIAS, JUDGE okb/1.3.23 //True copy// P.S. to Judge OP(C) NO. 532 OF 2023 4 APPENDIX OF OP(C) 532/2023 PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE PLAINT IN O.S.NO152/2019 OF SUB COURT, THIRUVANANTHAPURAM DATED 26.07.2019 ExhibitP2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXT.P1DATED 19.08.2022 Exhibit3 TRUE COPY OF THE AMENDMENT APPLICATION OF THE PETITIONER FILED AS I.A NO 5/2023 IN THIRUVANANTHAPURAM DATED 10.02.2023. ExhibitP4 TRUE COPY OF THE OBJECTION OF THE RESPONDENTS IN I.A NO 5/2023 IN O.S.NO152/2019 OF SUB COURT, THIRUVANANTHAPURAM 20.02.2023 ExhibitP5 TRUE COPY OF THE PROCEEDINGS AS AVAILABLE IN THE E-COURT DATED 23.02.2023 ExhibitP6 TRUE COPY OF THE PETITION IN I.A NO 6/2023 IN THIRUVANANTHAPURAM DATED 24.02.2023