Kerala High Court
Vatakara Sndp Union Development And ... vs Mr.Tharammal Kizhakkayil Vinodan on 14 December, 2016
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
OP(C).No. 696 of 2018
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IA NO. 141/2018 IN OS 39/2016 of SUB COURT, VADAKARA
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PETITIONERS/DEFENDANTS :
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1 VATAKARA SNDP UNION DEVELOPMENT AND WELFARE SOCIETY NO S-565/2001
HAVING ITS REGISTERED OFFICE, S.N.D.P.UNION OFFICE,
NH BY PASS ROAD, NARAYANANAGARAM, VATAKARA, REP.BY ITS
PRESIDENT, AS THE HEAD OF BOARD OF DIRECTORS S.N.D.P UNION
OFFICE VATAKARA AMSOM DESOM, VATAKARA TALUK
2 THE PRESIDENT, THE VATAKARA S.N.D.P UNION
DEVELOPMENT AND WELFARE SOCIETY, S.N.D.P UNION OFFICE
-DO-DO-
3 P.M.RAVEENDRAN,
S/O. LATE KANARAN, REPRESENT, VATAKARA S.N.D.P UNION,
DEVELOPMENT & WELFARE SOCIETY, NO.S-565/2001 HAVING ITS
REGISTERED OFFICE, S.N.D.P. UNION OFFICE,
NH BY PASS ROAD, NARAYANANAGARAM, VATAKARA
4 THE SECRETARY,
S.N.D.P.UNION VATAKARA, S.N.D.P.UNION OFFICE,
VATAKARA -DO- DO- NH BY PASS ROAD,
NARAYANANAGARAM, VATAKARA
BY ADV.SRI.R.K.MURALEEDHARAN
RESPONDENTS/PLAINTIFFS:
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1. MR.THARAMMAL KIZHAKKAYIL VINODAN
S/O.PADMANABHAN, T.PADMALAYAM, NARAYANANAGARAM,
VATAKARA-673 101, VATAKARA AMSOM DESOM, VATAKARA
TALUK,KOZHIKODE DISTRICT, KERALA STATE.
2. MR.P.V. KRISHNAVIDHYASAGAR
S/O. P.V.KRISHNAN, SREYAS,PATHIRIPPATTA, KAKKATTIL-673 507
KUNNUMMAL AMSOM, PATHIRIPPATTA DESOM, VATAKARA
TALUK,-DO-DO-
3. MR.SASI, S/O.ACHUTHAN,
'KRIPA' NEAR PASSPORT OFFICE, VATAKARA-673 101
VATAKARA AMSOM DESOM, VATAKARA TLAUK, -DO-DO-
OP(C).No. 696 of 2018
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4. MR.RAJENDRAN V.
S/O.ACHUTHAN, VAZHAYIL,PURAMERI-673 503
PURAMERI AMSON, VADAKARA TALUK, KOZHIKODE DISTRICT.
5. MR.UTHAMAN C.H.,
S/O. KANARANMASTER,CHEERAMKANDIYIL, EYYANGODE,
NADAPURAM-673 504, EYYANGODE AMSOM EYYANGODE DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
BY ADVS. SRI.U.K.DEVIDAS
SRI.K.K.ANILRAJ
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/3/2018,
THE COURT ON 02-04-2018 DELIVERED THE FOLLOWING:
bp
4/4/2018
OP(C).No. 696 of 2018 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.39/2016
EXHIBIT P2 A TRUE COPY OF THE IA NO.802/16 FILED IN NOVEMBER
2016
EXHIBIT P3 A TRUE COPY OF THE WRITTEN STATEMENT
EXHIBIT P4 A TRUE COPY OF THE COUNTER FILED BY THE
PETITIONERS TO EXT.P2
EXHIBIT P5 A TRUE COPY OF THE AFFIDAVIT AND LIST OF
DOCUMENTS FILED BY THE 4TH PETITIONER DATED
14.12.2016
EXHIBIT P6 A TRUE COPY OF THE IA NO.140/18 IN IA NO.820/2016
RESPONDENT'S EXHIBITS :
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EXT.R1(a): COPY OF THE PETITION IN IA NO. 835/2016 IN OS
NO. 39/2016 BEFORE THE SUB COURT, VATAKARA
DATED 17/11/2016
EXT.R1(b): COPY OF THE AFFIDAVIT IN IA NO. 835/2016 IN OS NO. 39/16
BEFORE THE SUB COURT, VATAKARA DATED 14/12/2016.
EXT.R1(c): COPY OF THE LIST OF DOCUMENT IA NO. 835/2016 IN OS NO.
39/2016 BEFORE THE SUB COURT, VATAKARA DATED 14/12/2016.
EXT.R1(d): COPY OF THE PETITION FILED BY THE PETITIONERS IN IA NO.
835/2016 IN OS NO. 39/2016 BEFORE THE SUB COURT,
VATAKARA DATED 5/7/2017.
//TRUE COPY//
P.A. TO JUDGE
bp
4/4/2018
Sathish Ninan, J.
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O.P(C) No.696 of 2018
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Dated this the 2nd day of April, 2018
JUDGMENT
The defendants in a suit for declaration are the petitioners. The dispute in the suit centers around the management, administration and control of the Vadakara SNDP Union Development and Welfare Society. Along with the suit the plaintiffs filed I.A No.802 of 2016 seeking appointment of receiver. The hearing on the said I.A commenced. The petitioners-defendants filed I.A No.140 of 2018 seeking for issuance of copies of documents produced in the case, which according to them are necessary to be referred to for countering the arguments of the plaintiffs. The prayer in the original petition is not to proceed with consideration of I.A No.802 of 2016 till they are issued with copies of the documents.
O.P(C) No.696 of 2018
-: 2 :-
2. Ext P5 is the list of documents dated 14.12.2016 in respect of which copy has been applied for. The documents are too voluminous and issuance of copies of the entire documents as sought for, may not be practicable. It is suggested by the learned counsel appearing for the petitioners/defendants that the plaintiffs may indicate the documents which they intend to rely upon and it would suffice if copies of the said documents are issued to the petitioners. The request appears to be reasonable. Therefore, I direct the respondents/plaintiffs to file a memo before the court below within two weeks from today indicating the documents which they intend to rely on in the suit as well as in I.A No.802 of 2016. The copies of the documents so listed by the plaintiffs, shall be made available to the defendants as expeditiously as possible, provided necessary application is submitted by the defendants, and formalities for obtaining the same are O.P(C) No.696 of 2018
-: 3 :-
complied with. This shall be done by the respondents- defendants within a period of one week after the submission of the list by the plaintiffs. Considering the fact the suit itself is of the year 2016, I am of the opinion that it would be sufficient if the suit itself is disposed of expeditiously rather than procrastinating the suit with an I.A of 2016 seeking for appointment of receiver. The court below shall after issuance of the copy of the documents as referred to above make every endeavour to try and dispose of the suit as expeditiously as possible and at any rate within a period of three months after the issuance of the copies of the documents as referred to above. I.A No.802 of 2016 would also be disposed of along with the suit.
The original petition is disposed of as above.
Sd/- Sathish Ninan, Judge.
vdv