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2025 DAILYLAW 5134 (KER)

PUSHPANGADHAN. D v. STATE OF KERALA

OP(C)/790/2025 · 2025-04-08

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP(C) NO. 790 OF 2025 1 2025:KER:30996 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(C) NO. 790 OF 2025 AGAINST THE ORDER/JUDGMENT IN OS NO.327 OF 2021 OF MUSNIFF COURT,ADOOR PETITIONER: PUSHPANGADHAN. D AGED 65 YEARS S/O. DANIEL, ANEESH BHAVANAM, NAGACHERI, ANAD (P.O) (PRESENTLY RESIDING AT) PUSHPANGADHAN. D., AGED 65 YEARS, S/O. DANIEL, 3, CENT KALLARA, (P.O) VITHURA, THIRUVAVANTHAPURAM DISTRICT, PIN - 695551 BY ADV SURESHKUMAR C RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR COLLECTORATE , PATHANAMTHITTA, PIN - 689645 2 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, DIVISION OFFICES , PATHANANMTHITTA, PIN - 691523 3 ASSISTANT ENGINEER KERALA WATER AUTHORITY, DIVISION OFFICE ADOOR, PIN - 691523 4 MR. M.V. VISWANATHAN MEECHERIL HOUSE. BIBABIPURAM (P. O) EDAYAR, ALUVA, PIN - 683502 OTHER PRESENT: OP(C) NO. 790 OF 2025 2 2025:KER:30996 GP SRI. S. UNNIKRISHNAN, SC SRI. P. M JOHNY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 790 OF 2025 3 2025:KER:30996 JUDGMENT (Dated this the 8th day of April, 2025) This original petition is filed for a direction to the Munsiff’s Court, Adoor, to dispose of OS. No.327 of 2021, as expeditiously as possible. 2. Petitioner is the plaintiff in O.S No.327 of 2021. The suit is filed for recovery of money from the 4th defendant in the original suit. The petitioner herein is a sub contractor in Keala Water Authority. The 4th respondent herein is a main contractor in Kerala Water Authority. 3. A report was called for, and a report is received from the Munsiff, Adoor, wherein it is stated that O.S.No.327 of 2021 is filed by the plaintiff against the defendants 1 to 4 for realisation of money from defendant No.4. The defendant Nos.1 to 3 were set ex parte and the defendant No.4 filed a written statement. Meanwhile, the plaintiff filed I.A.No.6 of 2023 seeking amendment of the plaint and I.A.No.7 of 2025, seeking speedy disposal of the case. Now, the case is posted for objection to I.A Nos.6 of 2023 and 7 of 2025, on 11.4.2025. 4. Taking into consideration the said fact, I dispose of OP(C) NO. 790 OF 2025 4 2025:KER:30996 this original petition directing the Munsiff, Adoor, to take up OS. No.327 of 2021 and dispose of the same within six months, after the completion of pre-trial steps. The Original Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 790 OF 2025 5 2025:KER:30996 APPENDIX OF OP(C) 790/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CONTRACT BETWEEN THE KERALA WATER AUTHORITY AND 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE CONTRACT BETWEEN THE PETITIONER AND 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE O.S. 327/2021 ON THE FILED BEFORE THE HONBLE MUNSIFFS COURT, ADOOR Exhibit P4 TRUE COPY OF THE UNDERTAKING GIVEN BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE RTI REPLY DATED 21.12.2023 //True copy// PA to Judge