Kerala High Court
I.C.Ganesh vs Sree Dharma Paripalana Yogam on 27 September, 2013
Author: K.Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938
OP(C).No. 1561 of 2016 (O)
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OS NO.141/2012 & OS 239/2012 of PRINCIPAL MUNSIFF COURT,
KOCHI
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PETITIONER(S):
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I.C.GANESH, S/O. CHELLAPPAN,
PUNNAKAPALLI, SDPY ROAD,
PALLURUTHY, COCHIN-682 006.
BY ADVS.SRI.DINESH R.SHENOY
SMT.K.K.JYOTHILAKSHMY
SRI.SANIL JOSE
SRI.A.JOSEPH GEORGE
RESPONDENT(S):
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1. SREE DHARMA PARIPALANA YOGAM
PALLURUTHY, KOCHI-6, REPRESENTED BY ITS PRESIDENTL.
SREE DHARMA PARIPALANA YOGAM SREE NARAYANA NAGAR,
PALLURUTHY, KOCHI-682 006.
2. C.P. ANILKUMAR,
PRESENT PRESIDENT SREE DHARAM PARIPALANA YOGAM,
S.N. NAGAR, PALLURUTHY, KOCHI-682 006.`
3. P.S SATISAN,S/O. SHANMUGHAN, POLLAYIL,
PERUMPADAPPU, KOCHI-6,PRESENT DEVASWOM MANAGER,
SDPY, S.N JUNCTION, PALLURUTHY, KOCHI-682 006.
4. V.K PRADEEP,S/O. KUTTIKRISHNAN VAIDHYAR,
VELLEZHATHU, NEAR PASHNITHODU, BRIDGE,
EDAKOCHI-682 006.
5. V.K PRATHAPAN,S/O. V.S. KRISHNAN,
VELIMPARAMBU, PARRY JUNCTION, PALLURUTHY,
COCHIN-682 006.
R1 & R2 BY ADV. SRI.T.MADHU
BY ADV. SRI.K.V.BINOD
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-06-2016,THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
bp
OP(C).No. 1561 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE PHOTOCOPY OF JUDGMENT DATED 27.9.2013 IN
O.P.(C) NO.2573/2013, HIGH COURT OF KERALA
P2: TRUE PHOTOCOPY OF JUDGMENT DATED 20.2.2015 IN
O.P(C) NO.184/2015, HIGH COURT OF KERALA.
P3: TRUE PHOTOCOPY OF ORDER DATED 15.5.2015 IN
SLP(CIVIL)14469/2015, SUPREME COURT OF KERALA.
P4: TRUE PHOTOCOPY OF JUDGMENT IN O.P(C)NO.2305/2015,
HIGH COURT OF KERALA.
P5: TRUE PHOTOCOPY OF ORDER DATED 30.10.2015 IN
SLP (CIVIL) NO.14469/2015, SUPREME COURT OF INDIA.
P6: TRUE PHOTOCOPY OF THE ORDER DATED 2.5.2016, IN IA
NO.1/2016 IN S.L.P (CIVIL) NO.14469/2015, SUPREME
COURT OF INDIA.
P7: TRUE PHOTOCOPY OF MEDICAL CERTIFICATE DATED
25.6.2016 ISSUED BY DR. PAUL NOBLE MD.
P8: TRUE PHOTOCOPY OF AIR TICKET DATED 14.06.2016.
P9: TRUE PHOTOCOPY OF JUDGMENT DATED 22.6.2016 IN
O.P (C) 1496/16, HIGH COURT OF KERALA.
P10: TRUE PHOTOCOPY OF ORDER DATED 24.6.2016 IN
IA 1625/16 IN OS 239/12, MUNSIFF COURT, KOCHI.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K.HARILAL, J.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
O.P.(C). No.1561 of 2016
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dated this the 30th day of June, 2016
JUDGMENT
~ ~ ~ ~ ~ The petitioner is the second plaintiff in O.S.Nos.141/12 & 239/12, two connected suits pending before the Principal Munsiff's Court, Kochi. The aforesaid cases were included in the list and posted for joint trial to 7.7.2016. Thereafter, considering the volume of evidence to be let in and for an effective disposal, on the same day, the cases were advanced to 9.6.2016. Notice was issued to the counsel on either side. According to the petitioner, on 9.6.2016 the petitioner's counsel informed the court that the first plaintiff was hospitalised and he was referred to a hospital at Bombay. The court insisted for posting the cases to 24.6.2016 itself for evidence and, in fact, there was no consensus as per record. However, the case was preponed to 24.6.2016 for trial. The OP(C).1561/16 :2:
petitioner approached this Court by filing O.P.(C) No.1496/16 seeking a direction to the court below to postpone the trial of the cases to a day in the second week of July and this Court by Ext.P9 judgment dated 22.6.2016 directed the petitioner to approach the trial court itself by filing an application seeking removal of the cases from the list and to adjourn the trial to a day in the second week of July 2016.
2. Thereafter, the petitioner filed an application, I.A. No.1625/16, seeking removal of the cases from the list and to adjourn the trial to a day in the second week of July. Along with the said application, he has produced a certificate issued by the Doctor who treated him at Kochi, stating that the petitioner is referred to Aswini Hospital at Bombay for further treatment and also produced a copy of the Boarding pass issued by "Indigo Airlines". After considering the said application, the court below passed Ext.P10 order adjourning the trial of the cases to 30.6.2016.
OP(C).1561/16 :3:
According to the petitioner, he is unable to appear before the court on 30.6.2016 as he is admitted in the hospital and undergoing treatment there. The reasonings whereby the trial court rejected the application seeking adjournment of trial are challenged in this O.P.(C).
3. Heard the learned counsel for the petitioner and the the learned counsel for the respondents.
4. Going by the impugned order, it is seen that the court below has specifically observed that the cases were preponed and posted for trial on 24.6.2016 on the basis of the common consensus arrived at the Bar and the averment in the petition to the effect that the cases were preponed to 24.6.2016 without the consent of the petitioner is not true. The court below further observed that the illness of the first plaintiff was never submitted before the court below. However, whatever be the truth occurred on 9.6.2016, this Court is not inclined to embark an enquiry on the things OP(C).1561/16 :4:
transpired on 9.6.2016 before the court. The learned counsel for the petitioner submits that the petitioner is ready to appear before the court on 07.07.2016.
5. Having regard to the facts and circumstances of the case, the trial of the cases will stand adjourned to 07.07.2016 onwards. The trial shall be conducted on a day-to-day basis and no unnecessary adjournment shall be given at the request of both parties, in view of the specific direction of the Supreme Court that the suits will be disposed of before 02.09.2016.
This original petition is disposed of accordingly.
Sd/-
K. HARILAL, JUDGE okb/dst.30/6