Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 3519 (KER)

JOSE MATHEW KUNNEL v. E.K.PRATAPACHANDRAN

OP(C)/355/2025 · 2025-03-27

Basant Balaji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 355 OF 2025 AGAINST THE ORDER IN IA 14/2024 IN OS NO.151 OF 2019 OF MUNSIFF COURT, PALA PETITIONER: JOSE MATHEW KUNNEL AGED 64 YEARS S/O K.J. MATHEW, KUNNEL HOUSE, MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTYAAM DISTRICT, PIN - 686636 BY ADVS. MOHAMMED SADIQUE.T.A T.H.ABDUL AZEEZ K.P.MAJEED K.M.MOHAMMED YUSUFF (M-1323) SHANKAR V. RESPONDENT: E.K.PRATAPACHANDRAN S.O KRISHNAN ITTY NAMBOORAKKAL HOUSE,MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686636 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 355/2025 -2- 2025:KER:28354 JUDGMENT (Dated this the 27 th day of March, 2025) The petitioner challenges Ex.P7 in this original petition. Ext.P7 is an order passed in IA No.14/2024 in OS No.151/2019 on the files of the Munsiff Court, Pala. IA was filed for an order to return the settlement deed No.391/1985, marked as Ext.A1 in the suit. The certified copy of the settlement deed was also attached to the application. The said application was dismissed with simple word as “Rejected”. 2. A report was called for, and a report is received stating that it was because of an oversight caused by the heavy workload following the additional charges; that is why the order was passed with a simple word. Therefore, Ext.P7 is set aside, and the Munsiff Court, Pala, is directed to reconsider IA No.14/2024 on or before 11 th April, 2025. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 355/2025 -3- 2025:KER:28354 APPENDIX OF OP(C) 355/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S NO: 151/2019 OF THE MUNSIFF COURT, PALA DATED 3.7.2019 Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S NO: 151/2019 DATED 06.01.2020 OF MUNSIFF COURT, PALA Exhibit P3 THE TRUE COPY OF SETTLEMENT DEED NO: 391/1985 OF KURUVILANGAD SRO Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 30.11.2020 IN O.S NO: 151/2019, MUNSIFF COURT, PALA Exhibit P5 TRUE COPY OF THE JUDGMENT IN A.S. NO; 71/2020 DATED 30.11.2021 OF SUB COURT, PALA Exhibit P6 TRUE COPY OF I.A NO: 14/2024 DATED 28.10.2024 IN OS. NO: 151/2019 OF THE MUNSIFF COURT, PALA Exhibit P7 TRUE COPY OF THE ORDER IN I.A NO: 14/2024 IN OS. NO: 151/2019 OF THE MUNSIFF COURT, PALA DATED 12.11.2024