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Kerala High Court

Dr.Prabha Nambisan vs Rajesh on 10 November, 2020

Author: C.S.Dias

Bench: C.S.Dias

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

             THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

                   OP(C).No.1220 OF 2020

 AGAINST THE ORDER/JUDGMENT IN OS 64/2015 OF PRINCIPAL SUB
                      COURT,THRISSUR


PETITIONER/DEFENDANT:

            DR.PRABHA NAMBISAN
            AGED 61 YEARS
            W/O. DR.U.N.NANDAKUMAR, VADAKKEDATH, H.NO.3/12,
            KFRI QUARTERS, PEECHI VILLAGE, THRISSUR TALUK,
            PIN CODE-680653.

            BY ADV. SRI.B.DEEPAK

RESPONDENT/PLAINTIFF:

            RAJESH
            AGED 45 YEARS
            S/O.VELAYUDHAN, MADUPPALLY, CHEENIKKADAVU DESOM,
            PEECHI VILLAGE, THRISSUR TALUK, THRISSUR
            DISTRICT, PIN CODE-680652.

            R1 BY ADV. SMT.P.K.PRIYA

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.11.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C).No.1220/2020

                                     2




                                JUDGMENT

Dated this the 10th day of November 2020 This Original Petition is filed to direct the Court of the Subordinate Judge, Trissur, to consider and dispose Exts.P3 and P4 applications filed in O.S.No.64/2015.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. The learned counsel appearing for the respondent submitted that the respondents has not been served with copies of Exts.P3 and P4 till date before the court below and that the respondent should be given an opportunity to file his objection to the above applications.

Considering the averments in the Original Petition, the materials on record and after hearing the learned counsel appearing for the respective parties, I deem it appropriate, in exercise of the powers of this Court under Article 227 of the Constitution of India, to direct the court of the Subordinate Judge, Trissur, to consider and dispose OP(C).No.1220/2020 3 Exts.P3 and P4 applications, after granting the respondent an opportunity to file his written objections to the above applications, and dispose of the same, in accordance with law, as expeditiously as possible and at any rate on or before 30/11/2020.

The interim order dated 13/08/2020 shall continue to remain in force till 30/11/2020.

Sd/-

C.S.DIAS JUDGE DM OP(C).No.1220/2020 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OS.NO.64 OF 2015.
EXHIBIT P2 THE TRUE COPY OF WRITTEN STATEMENT IN O.S.NO.64 OF 2015.
EXHIBIT P3 THE TRUE COPY OF I.A.NO.3921 OF 2017 IN O.S.NO.64 OF 2015.
EXHIBIT P4 THE TRUE COPY OF I.A.NO.3925 OF 2019 IN O.S.NO.64 OF 2015.
//TRUE COPY// PA TO JUDGE