Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 AGAINST THE ORDER/JUDGMENT OS 374/2017 OF MUNSIFF COURT, CHANGANACHERRY PETITIONER/PLAINTIFF:
AJITHKUMAR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AGED 68 YEARS S/O SUKUMARA PANICKER, RESIDING AT CHEMPUMPURATHU KARIMUTTATHU HOUSE, MADAPPALLY MURI, MADAPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, P.A.ALEXANDER, AGED 65 YEARS, S/O ABRAHAM, PALATHINKAL HOUSE, KOTTAMURI P.O., THRIKKODITHANAM, CHANGANACHERRY ., PIN - 686546 BY ADVS. K.SHAJ BEENA N.KARTHA C.IJLAL POORNIMA RAJAN ARUN CHAND BHARAT VIJAY P. MAJID MUHAMMED K. MINU VITTORRIA PAULSON GOPIKA GOPAL MEERA NAIR.I.P
RESPONDENTS/DEFENDANTS 1 AND 2 AND 3RD ADDITIONAL DEFENDANT: 1 SUNITHA DEVI AGED 51 YEARS D/O RADHAMMA, LATHI NIVAS, MADAPPALLY MURI, MADAPALLY VILLAGE, CHANGANACHERRY TALUK ., PIN - 686536 2 RAJENDRA PANICKER AGED 72 YEARS S/O SUKUMAR PANICKER, RESIDING AT ASWATHI HOUSE, PUZHAVATHU KARA, CHANGANACHERRY VILLAGE ., PIN - 686101 3 SOBHANA @ SULEKHA AGED 62 YEARS KARIMUTTATHU LATHI NIVAS, MADAPPALLY MURI, MADAPALLY VILLAGE, CHANGANACHERRY TALUK ., PIN - 686536 BY ADVS. SANTHEEP ANKARATH SHERRY M.V.(K/976/2001) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This Original Petition is preferred seeking a joint trial of two suits, Exts.P1 and P3, the former preferred by the petitioner and the later by respondents 1 and 2 herein. The suits were originally listed for trial, on which date, the petitioner herein remained absent, with the result, Ext.P1 suit was dismissed and Ext.P3 suit was allowed. Against the same, the petitioner preferred an application to set aside the exparte order in Ext.P3 suit and to restore Ext.P1 suit. The application for restoration was allowed. However, the application to set aside the exparte decree was dismissed, against which, the petitioner herein preferred a C.M.A, which was allowed. However, before the files in the C.M.A. reached the trial court, Ext.P1 suit was listed for trial. At that juncture, the petitioner preferred the instant original petition seeking joint trial with Ext.P3 suit.
2. Learned counsel for the respondents submitted
that both the suits were filed in the year 2017 and there was a direction to dispose of the matter expeditiously, by this Court. However, the same was not complied with. There is an impleadment sought for, which was dismissed by the trial Court, against which an Original Petition was filed before this Court. The same was allowed and it is thereafter that the petitioner herein chose to remain exparte, when the matter was listed for trial. C.M.A. was filed and some time was consumed for disposal of the same also. That apart, the instant OP(Civil) was also filed, all contributing to the delay of disposal of the matter, is the submission made by the learned counsel for the respondents. The respondent only seeks a time bound disposal, coupled with an assurance that the petitioner will co- operate with the trial and disposal of the suits in question. The respondent has no quarrel that the suits in question are to be tried jointly.
3. Having heard the learned counsel appearing on
both sides, this Court allows this Original Petition, directing the learned Munsiff, Changanacherry to try both Exts.P1 and P3 suits jointly. However, in view of the concern expressed by the learned counsel for the respondents, there will be direction to list the matter for trial after 15th of January, 2024, the date being chosen after ascertaining the convenience of the petitioner, who is now reported to be at Gulf. Learned counsel for the petitioner assured that the petitioner will make himself available on the date on which the trial will be scheduled and that he will fully co-operate with the trail and disposal of the matter. The submission made by the learned counsel for the petitioner is recorded. Accordingly, this Court directs the learned Munsiff to list the matter for trial, as directed above and to proceed with the suits, as expeditiously as possible. This Court further directs the learned Munsiff to dispose of the suits within a period of three months, from the date of commencement of the trial. It is clarified that, in case the petitioner is absenting himself on the date on which the case was posted for trial, or on any other occasion, except for a fully genuine and unavoidable cause, the same will not be condoned on any circumstance. With the aforesaid directions, this Original Petition will stand disposed of. Sd/- C. JAYACHANDRAN JUDGE BR APPENDIX OF OP(C) 2182/2023 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN
O.S.NO.374/2017 ON THE FILE OF THE MUNSIFF'S COURT, CHANGANACHERRY FILED BY THE PETITIONER AS PLAINTIFF. Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN O.S.NO.374/2017 ON THE FILE OF THE MUNSIFF'S COURT, CHANGANACHERRY . Exhibit P3 THE TRUE COPY OF THE PLAINT IN O.S.NO.372/2017 ON THE FILE OF THE MUNSIFF'S COURT, CHANGANACHERRY FILED BY RESPONDENTS 1 AND 3 AS PLAINTIFFS .
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED MUNSIFF'S COURT, CHANGANACHERRY. Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED MUNSIFF'S COURT, CHANGANACHERRY . Exhibit P6 THE TRUE COPY OF THE COMMON ORDER DATED NO.1/2021 IN O.S. NO.372/2017 OF THE MUNSIFF'S COURT, CHANGANACHERRY . Exhibit P7 THE TRUE COPY OF THE APPEAL MEMORANDUM IN C.M.A.NO.48/2022 ON THE FILE OF THE SUB COURT, KOTTAYAM . Exhibit P8 THE TRUE COPY OF I.A.NO. 15/2023 IN O.S.NO.374/2017 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY. Exhibit P9 THE TRUE COPY OF ORDER DATED 30/03/2023 IN I.A.NO. 15/2023 IN O.S.NO.374/2017 OF THE MUNSIFF'S COURT, CHANGANACHERRY. Exhibit P10 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR JOINT TRIAL FILED IN O.S.NO.372/2017 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY . RESPONDENT’S EXHIBITS: NIL