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2025 DAILYLAW 3242 (KER)

SAJU K.V. v. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD.

OP(C)/223/2025 · 2025-03-20

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 O.P.(C) NO.223 OF 2025 2025:KER:23924 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 O.P.(C) NO.223 OF 2025 (AGAINST THE ORDER/JUDGMENT IN OS NO.45 OF 2019 OF MUNSIFF COURT, PERUMBAVOOR) PETITIONER/PLAINTIFF: SAJU K.V., AGED 57 YEARS, S/O K. V. VARGHESE AND RESIDING AT KANIYADAN HOUSE, RAYAMANGALAM KARA, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN – 683 545 BY ADVS. C.DILIP JIJO JOSEPH P.N.VIJAYAN NAIR RESPONDENT/DEFENDANT: KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., BEVCO TOWER, PALAYAM KARA, PALAYAM VILLAGE, THIRUVANANTHAPURAM TALUK- REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 695 033 SC SRI. T. NAVEEN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.1.2025, THE COURT ON 20.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.223 OF 2025 2025:KER:23924 JUDGMENT (Dated: 20th March, 2025) This original petition is filed for a direction to the Munsiff Court, Perumbavoor, to issue summons to the witness in Ext.P4, for the production of the document and also for adducing oral evidence in O.S.No.45 of 2019 on its files. 2. The case of the petitioner is that Ext.P4 is the witness schedule filed by the counsel for the plaintiff. The said application was allowed as per Ext.P5 on 15.01.2025, which reads as follows: ‘Heard accepted’. 3. Ext.P6 is the status of the suit, which shows that the summons were issued to witnesses 2 and 3 in the list and was called on 24.01.2025. A report was called for regarding the non-issuance of summons to the witness though the application is fully allowed. The report dated 3 O.P.(C) NO.223 OF 2025 2025:KER:23924 27.02.2025 states that the summons will be issued in the next posting as per the letter dated 27.02.2025. Recording the said facts, this Original Petition (C) is disposed of. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.223 OF 2025 2025:KER:23924 APPENDIX OF OP(C) 223/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF PLAINT DATED 23.01.2019 IN O.S NO 45/2019 ON THE FILES OF MUNSIFF’S COURT, PERUMBAVOOR. Exhibit P2 TRUE PHOTO COPY OF WRITTEN STATEMENT DATED 22.05.2019 FILED BY THE DEFENDANT IN O.S NO 45/2019 ON THE FILES OF MUNSIFF’S COURT, PERUMBAVOOR. Exhibit P3 TRUE PHOTO COPY OF I.A NO 02/2025 IN O.S NO 45 / 2019 DATED 08.01.2025 ON THE FILES OF MUNSIFF’S. Exhibit P4 TRUE PHOTO COPY OF WITNESS LIST DATED 08.01.2025 FILED BY THE PETITIONER IN O.S NO 45 / 2019 ON THE FILES OF MUNSIFF’S COURT, PERUMBAVOOR. Exhibit P5 TRUE PHOTO COPY OF ORDER DATED 15.01.2025 IN I.A NO 2/2015 IN O.S NO 45/2019 ON THE FILES OF MUNSIFF’S COURT, PERUMBAVOOR Exhibit P6 TRUE PHOTO COPY OF E-COURT STATUS DATED 15.01.2025 OF O.S NO 45/2019 ON THE FILES OF MUNSIFF’S COURT, PERUMBAVOOR.