Sulekha vs Manoj O. V.

Type Court Judgment Court Kerala Decided Mar 31, 2022

~3 min read

https://sooperkanoon.com/case/1440435

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/1440435
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: Mar 31, 2022
Case Number: OP(C)/22/2022

Parties & Advocates

Appellant / Petitioner

Sulekha

Respondent

Manoj O. V.

Excerpt

.....village, kulathur p. o., thiruvananthapuram district - 695 583. this op (civil) having come up for admission on 31.03.2022, the court on the same day delivered the following:judgmentoriginally, this petition has been filed by the petitioner under article 227 of the constitution of india, seeking direction to the court below to consider an application filed by the petitioner under section 10 of c.p.c in o.s 1631/2019.2. though notice served on the respondent, nobody appeared.now, the learned counsel for the petitioner would fairly submit that both suits are pending before the same court and in order to avoid conflicting judgments in relation to same subject matter between the same parties where issue levelled is one and the same, joint trial if ordered, the grievance of the petitioner will be addressed. going by the nature of contentions in the case, i am inclined to allow the prayer as canvassed. therefore, the o.p is allowed, thereby the additional munsiff court, thiruvananthapuam is directed to jointly try o.s nos.1631/2019 and 1886/2018 and decide the matter in issue in accordance with law within a period of four months from reopening of the summer vacation. sd/- a.badharudeen judge rpk appendix of op(c) 22/2022 petitioner exhibits exhibit p1 true copy of the plaint in o.s.1886/2018 before the munsiff court, thiruvananthapuram dated 01.12.2018. exhibit p2 true copy of the order in injunction in i.a.9651/2018 in o.s.1886/2018 the learned munsiff court, thiruvananthapuram dated 01.03.2019. exhibit p3 true copy of the plaint in o.s.1631/2019 before the i additional munsiff court, thiruvananthapuram dated 30.10.2019. exhibit p4 true copy of the order of injunction ini.a.12522/2019 in o.s.1631/2019 before the i additional munsiff court, thiruvananthapuram dated 02.11.2019. exhibit p5 true copy of application in i.a.3/2020 in o.s.1631/2019 before the munsiff court, thiruvananthapuram dated 07.12.2020. exhibit p6 true copy of the impleading petition in i.a.491/2019.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 OP(C) NO. 22 OF 2022 AGAINST THE ORDER/JUDGMENT IN OS 1631/2019 OF PRINCIPAL MUNSIFF COURT,TRIVANDRUM
PETITIONER/2nd PETITIONER/4th DEFENDENT: SULEKHA D/O. V. RAGHUNATH, ISWARIYA, THUMBOTTUVILAKOM, KULATHUR P. O., THIRUVANANTHAPURAM DISTRICT -695583. BY ADVS. M.BALAGOVINDAN A.ANOOP LALKUMAR N RESPONDENTS/CR.PETITIONER/PLAINTIFF AND DEFENDENT 1 TO 3: 1 MANOJ O. V. AGED 42 YEARS S/O. K. VIJAYAN, ARUNODHAYAM, THUMBOTTUVILAKOM, ATTIPRA VILLAGE, KULATHUR P. O., THIRUVANANTHAPURAM DISTRICT - 695 583. 2 ANIL KUMAR P. K. S/O. KRISHNANKUTTY, THUMBOTTUMOOPPANVILAKOM, KULATHUR P. O., THIRUVANANTHAPURAM DISTRICT - 695 583. 3 SURESH KUMAR AGED 56 YEARS S/O. SADASIVAN, THUMBOTTUMOOPPANVILAKOM, ATTIPRA VILLAGE, KULATHUR P. O., THIRUVANANTHAPURAM DISTRICT - 695 583. 4 JAYAKUMAR AGED 58 YEARS AISWAYRA, ATTIPRA VILLAGE, KULATHUR P. O., THIRUVANANTHAPURAM DISTRICT - 695 583. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Originally, this petition has been filed by the petitioner under Article 227 of the Constitution of India, seeking direction to the court below to consider an application filed by the petitioner under Section 10 of C.P.C in O.S 1631/2019.

2. Though notice served on the respondent, nobody appeared.

Now, the learned counsel for the petitioner would fairly submit that both suits are pending before the same court and in order to avoid conflicting judgments in relation to same subject matter between the same parties where issue levelled is one and the same, joint trial if ordered, the grievance of the petitioner will be addressed. Going by the nature of contentions in the case, I am inclined to allow the prayer as canvassed. Therefore, the O.P is allowed, thereby the Additional Munsiff Court, Thiruvananthapuam is directed to jointly try O.S Nos.1631/2019 and 1886/2018 and decide the matter in issue in accordance with law within a period of four months from reopening of the summer vacation. Sd/- A.BADHARUDEEN JUDGE rpk APPENDIX OF OP(C) 22/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.1886/2018 BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM DATED 01.12.2018. Exhibit P2 TRUE COPY OF THE ORDER IN INJUNCTION IN I.A.9651/2018 IN O.S.1886/2018 THE LEARNED MUNSIFF COURT, THIRUVANANTHAPURAM DATED 01.03.2019. Exhibit P3 TRUE COPY OF THE PLAINT IN O.S.1631/2019 BEFORE THE I ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM DATED 30.10.2019. Exhibit P4 TRUE COPY OF THE ORDER OF INJUNCTION IN

I.A.12522/2019 IN O.S.1631/2019 BEFORE THE I ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM DATED 02.11.2019. Exhibit P5 TRUE COPY OF APPLICATION IN I.A.3/2020 IN O.S.1631/2019 BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM DATED 07.12.2020. Exhibit P6 TRUE COPY OF THE IMPLEADING PETITION IN I.A.491/2019 IN O.S.1886/2018 OF MUNSIFF COURT, THIRUVANANTHAPURAM DATED 14.01.2019.

Same Court & Year Kerala · 2022 Same Parties Sulekha vs Manoj O. V. Same Judge Honourable Mr.Justice Basant Balaji