Ambily vs Nil

Ambily vs NIL

Type Court Judgment Court Kerala Decided Feb 09, 2023

~2 min read

https://sooperkanoon.com/case/1359576

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1359576
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 09, 2023
Case Number: OP(C)/543/2014

Parties & Advocates

Appellant / Petitioner

Ambily

Respondent

NIL

Excerpt

.....d/o. late neelakandan,kanjirakunnil house, mezhuveli by advs. sri.philip j.vettickattu sri.b.premnath e respondent: nil this op (civil) having come up for admission on 09.02.2023, the court on the same day delivered the following: -:3:- dated this the 9th day of february, 2023judgmentthe original petition is filed challenging ext p3judgment passed in o.s.no.348/2013 by the court ofthe munsiff, pathanamthitta.2. on a reading of ext p3 judgment, it seen thatthe court below has returned the plaint for representation to proper court. thus, it is to be inferred that the court below has returned the plaint invoking its powers under order 7 rule 10 of the code of civil procedure, 1908(in short, ‘code’) .3. an order passed under order 7 rule 10 of the code is appealable under order 43 rule 1(a) of the code.4. in the light of the alternative statutoryremedy available to the petitioners, i am not inclined to entertain the original petition. in the result, without prejudice to the right of the -:4:- petitioners to work out their remedies in accordance with law, the original petition is dismissed. sd/- c.s.dias,judge dst/09.02.23 //true copy/ p.a.to judge -:5:- appendix petitioner exhibits exhibit p1. true photostat copy of the plaint in o.s. no. 348/2013 on the file of the munsiffs court, pathanamthitta dated 2-9-2013. exhibit p2. true photostat copy of the affidavit and petition in i.a. no. 1249/2013 no. 348/2013 dated 2-9-2013. exhibit p3. true photostat copy of the judgment dated 10-10-2013 in o.s. no. 348/2013 on the file of the munsiffs court, pathanamthitta. respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944 OP(C) NO. 543 OF 2014 IN OS 348/2013 OF MUNSIFF COURT ,PATHANAMTHITTA
PETITIONERS: 1 AMBILY D/O. LATE GANGADHARAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 2 ANANDAN S/O.LATE GANGADHARAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 3 MINI D/O. LATE GANGADHARAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 4 BIJU S/O. LATE GANGADHARAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 5 SAROJINI D/O. LATE NEELAKANDAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 6 RAJABHADRAN S/O. LATE BHARGAVI,KANJIRAKUNNIL HOUSE, MEZHUVELI 7 CHANDRA BABU S/O. LATE BHARAGAVI,KANJIRAKUNNIL HOUSE, MEZHUVELI 8 PRASANNA W/O. PUSHPANGADAN, KANJIRAKUNNIL HOUSE, MEZHUVELI 9 PRAVEEN RAJ S/O. LATE PUSHPANGADAN,KANJIRAKUNNIL HOUSE, MEZHUVELI 10 PRAVEENA RAJ D/O. LATE PUZHPANGADAN,KANJIRAKUNNIL HOUSE, MEZHUVELI -:2:- 11 SARADA D/O. LATE NEELAKANDAN,KANJIRAKUNNIL HOUSE, MEZHUVELI 12 SAVITHRI D/O. LATE NEELAKANDAN,KANJIRAKUNNIL HOUSE, MEZHUVELI BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH E RESPONDENT: NIL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:- Dated this the 9th day of February, 2023

JUDGMENT

The original petition is filed challenging Ext P3

judgment passed in O.S.No.348/2013 by the Court of

the Munsiff, Pathanamthitta.

2. On a reading of Ext P3 judgment, it seen that

the court below has returned the plaint for representation to proper court. Thus, it is to be inferred that the court below has returned the plaint invoking its powers under Order 7 Rule 10 of the Code of Civil Procedure, 1908(in short, ‘Code’) .

3. An order passed under Order 7 Rule 10 of the Code is appealable under Order 43 Rule 1(a) of the Code.

4. In the light of the alternative statutory

remedy available to the petitioners, I am not inclined to entertain the original petition. In the result, without prejudice to the right of the -:4:- petitioners to work out their remedies in accordance with law, the original petition is dismissed. Sd/- C.S.DIAS,JUDGE DST/09.02.23 //True copy/ P.A.To Judge -:5:- APPENDIX PETITIONER EXHIBITS EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S. NO. 348/2013 ON THE FILE OF THE MUNSIFFS COURT, PATHANAMTHITTA DATED 2-9-2013. EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 1249/2013 NO. 348/2013 DATED 2-9-2013. EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 10-10-2013 IN O.S. NO. 348/2013 ON THE FILE OF THE MUNSIFFS COURT, PATHANAMTHITTA. RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Ambily vs NIL Same Judge Honourable Mr.Justice C.S.Dias