K.C.Lalithamma vs V.Devarajan

Type Court Judgment Court Kerala Decided Feb 14, 2020

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https://sooperkanoon.com/case/1798417

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Citation: sooperkanoon.com/1798417
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Feb 14, 2020
Case Number: OP(C)/1733/2019

Parties & Advocates

Appellant / Petitioner

K.C.Lalithamma

Respondent

V.Devarajan

Excerpt

..... appears that the petitioner filed appeal against the decree in the counter claim. it also appears that the petitionerwas not directed to be present before the court below for giving evidence in the abovesaid interlocutory application. in the said circumstances, the presence of the petitioner was not necessary before the court below. considering the facts andcircumstances of the case, i am of the view that it is only just and proper to grant one more opportunity to the petitioner to -4- contest the matter on merits. for the said reason, i am inclined to set aside exts.p3 and p4 orders passed by the appellate court and remit the matter to the court below with a direction to the court below to considerand dispose of i.a.no.2673/2017 and a.s.no.95/2017, afresh, in accordance with law. this original petition stands disposed of as above. the parties shall appear before the appellate court on 2.4.2020 without further notice. sd/- b. sudheendra kumar, judge stk -5- appendix petitioner's/s exhibits: exhibit p1 true photocopy of the appeal memorandumin a.s. no. 95/2017 filed by the petitioner herein dated 16.10.2017 on the file of distrait court, thiruvananthapuram exhibit p2 true photocopy of the i.a. no. the petitioner before the district court, thiruvananthapuram dated 12.10.2017. exhibit p3 true photocopy of the order dated 14.3.2019 passed by the additional district court-v, thiruvananthapuram in i.a. no. 2673/2017 in .a.s. no. 95/2017 exhibit p4 true photocopy of the order in a.s. no. court-v, thiruvananthapuram dated 14.3.2019

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 AGAINST THE ORDER/JUDGMENT IN AS 95/2017 DATED 14-03-2019 OF ADDITIONAL DISTRICT COURT - V, THIRUVANANTHAPURAM PETITIONER/S: K.C.LALITHAMMA AGED 69 YEARS W/O. YESODHARAN, VALIYAVILAKATH VEEDU, ULLOOR, CHERUVAIKKAL VILLAGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 695 011. BY ADV. SRI.RAJESH P.NAIR RESPONDENT/S:
V.DEVARAJAN S/O. VASUDEVAN, VYSAKH, VSSC ROAD, KULATHOOR P.O., THIRUVANANTHAPURAM 695 583. R1 BY ADV. SRI.V.SURESH R1 BY ADV. SRI.G.SUDHEER R1 BY ADV. SRI.R.HARIKRISHNAN (H-308) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner is the appellant in

A.S.No.95/2017           on        the        files       of     the
Additional                    District                         Court,
Thiruvananthapuram.                  The    petitioner         filed
I.A.No.2673/2017           along           with       the      above

appeal, praying for condoning the delay in

filing the appeal.             The court below as per
Ext.P3       dismissed               the          above         said
Interlocutory Application.                    Consequent upon
the      dismissal            of        the         above       said
Interlocutory      Application,               the     appeal     was

also dismissed as per Ext.P4.

2. Heard.

3. It appears from Ext.P3 that -3- I.A.No.2673/2017 was dismissed by the court

below     on   the      reason         that    there       was   no
representation           for          the     petitioner.         It
further    appears       that         the    petitioner        filed
appeal    against       the     decree        in    the    counter
claim.     It also appears that the petitioner

was not directed to be present before the court below for giving evidence in the above

said Interlocutory Application.                     In the said
circumstances,           the           presence           of     the
petitioner      was      not        necessary       before       the
court     below.        Considering           the    facts       and

circumstances of the case, I am of the view that it is only just and proper to grant one more opportunity to the petitioner to -4- contest the matter on merits. For the said reason, I am inclined to set aside Exts.P3 and P4 orders passed by the Appellate Court and remit the matter to the court below with a direction to the court below to consider

and dispose of I.A.No.2673/2017 and A.S.No.95/2017, afresh, in accordance with law. This Original Petition stands disposed of as above. The parties shall appear before the Appellate Court on 2.4.2020 without further notice. Sd/- B. SUDHEENDRA KUMAR, JUDGE STK -5- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM

IN A.S. NO. 95/2017 FILED BY THE PETITIONER HEREIN DATED 16.10.2017 ON THE FILE OF DISTRAIT COURT, THIRUVANANTHAPURAM EXHIBIT P2 TRUE PHOTOCOPY OF THE I.A. NO. THE PETITIONER BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 12.10.2017. EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER DATED 14.3.2019 PASSED BY THE ADDITIONAL DISTRICT COURT-V, THIRUVANANTHAPURAM IN I.A. NO. 2673/2017 IN .A.S. NO. 95/2017 EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER IN A.S. NO. COURT-V, THIRUVANANTHAPURAM DATED 14.3.2019

Same Court & Year Kerala · 2020 Same Parties K.C.Lalithamma vs V.Devarajan Same Judge Honourable Mr. Justice B.Sudheendra Kumar