Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944 OP(C) NO. 2410 OF 2014 OS 5078/2013 OF II ADDITIONAL MUNSIFF COURT ,THRISSUR PETITIONERS: 1 DAISY, AGED 45 D/O.THARAKAN THOMAS, MADAKKATHARA VILLAGE AND DESOM, 2 AJEESH AGED 34 YEARS S/O.ALOOKKARAN ANTONY, MADAKKATHARA VILLAGE AND DESOM, BY ADV SRI.K.A.SATHEESA BABU RESPONDENT: SINOJ AGED 30 YEARS S/O.KANNAMPUZHA JOHNY, PUTHUR VILLAGE AND DESOM, THRISSUR TALUK AND DISTRICT-688001. BY ADV SRI.E.VIJIN KARTHIK THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (C) NO. 2410 OF 2014 2 Dated this the 19th day of August, 2022
JUDGMENT
The original petition is filed to set aside the orders in I.A. No.18187/2014 (Ext.P7) and I.A. No.17259/2014 (Ext.P8) in O.S. No.5078/2013 of the Court of the II Additional Munsiff,
2. The grievance of the petitioners is that their
applications for re-opening the evidence and cross examining the witnesses was declined by the court below. Hence, Exts.P7 and P8 orders passed by the court below are erroneous and unsustainable in law.
3. Heard.
4. Undisputedly, the suit is of the year 2013. The application to re-open the evidence was declined by the court below on the ground that there was no sufficient reasons to
re-open the evidence. This Court had stayed all further proceedings in the suit as early as on 21.10.2014. It is nearly eight years since the suit has been stayed. At this distance of time, I am of the view that the petitioners can be granted an O.P (C) NO. 2410 OF 2014 3 opportunity to cross examine the witnesses and the suit itself can be directed to be disposed of within a time frame, which will do complete justice to both sides. In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I allow the original petition in the following manner:-
(i) Exts.P7 and P8 orders are set aside.
(ii) Exts.P3 and P5 applications are allowed.
(iii) The court below shall afford the petitioners an opportunity to cross examine the witnesses as sought for in the above application, after re-opening the evidence.
(iv) The court below shall, consider and dispose of O.S.
No.5078/2013, in accordance with law, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment.
Sd/- C.S.DIAS, JUDGE rmm19/08/2022 O.P (C) NO. 2410 OF 2014 4 APPENDIX OF OP(C) 2410/2014 PETITIONER EXHIBITS EXHIBIT -P1 TRUE COPY OF PLAINT IN O.S.5078/2013 BEFORE SECOND ADDITIONAL MUNSIFF, EXHIBIT -P2 TRUE COPY OF WRITTEN STATEMENT IN O.S.5078/2013 BEFORE SECOND ADDITIONAL MUNSIFF, THRISSUR. EXHIBIT -P3 TRUE COPY OF I.A.17259/2014 IN THE ABOVE EXHIBIT -P4 TRUE COPY OF COUNTER BY RESPONDENT IN THE ABOVE I.A.
EXHIBIT -P5 TRUE COPY OF I.A.18187/2014 IN THE ABOVE EXHIBIT -P6 TRUE COPY OF COUNTER IN THE ABOVE I.A. EXHIBIT -P7 IMPUGNED ORDER BY THE COURT BELOW IN
I.A.18187/2014. EXHIBIT -P8 IMPUGNED ORDER BY THE COURT BELOW IN I.A.17259/2014.