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2025 DAILYLAW 6473 (KER)

ASOKAN v. SANKARANARAYANAN

OP(C)/931/2020 · 2025-03-20

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 O.P.(C) NO.931 OF 2020 2025:KER:23748 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.931 OF 2020 (AGAINST THE ORDER/JUDGMENT IN OS NO.110 OF 2020 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, IRINJALAKUDA) PETITIONER/sole respondent/1st defendnt: ASOKAN, AGED 65 YEARS, S/O. RAMAN, MANNANPARAMBIL HOUSE, ANNALLUR P.O, THRISSUR DISTRICT-680 731 BY ADV G.SREEKUMAR (CHELUR) RESPONDENT/petitioner/plaintiff and 2nd defendant: 1 SANKARANARAYANAN, AGED 67 YEARS, S/O. NAGOOR RAGHAVAN, MOOTHAKUNNAM P.O, THRISSUR DISTRICT-683 516 2 DHARMEESH, AGED 35 YEARS, S/O. ASOKAN, MANNANPARAMBIL HOUSE, ANNALLUR P.O, THRISSUR DISTRICT-680 731 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.6.2020, THE COURT ON 20.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.931 OF 2020 2025:KER:23748 JUDGMENT (Dated: 20th March, 2025) This original petition is filed to call for records leading to Ext.P3 and to set aside the same. Ext.P3 is the show cause notice issued under Order XXXVIII, attachment of immovable property, which was issued on 10.06.2020. 2. A report was called for regarding the present status of O.S.No.110 of 2020 before the Sub Court, Irinjalakkuda. A report dated 14.03.2025 was received, wherein, it is stated that the evidence of both the plaintiff and defendant was completed on 15.11.2024. The plaintiff filed I.A.No.11 of 2024 to re-open the evidence and re- examine PW1, and the I.A. was dismissed on 05.12.2024 and the case was posted to 15.03.2025 for final hearing. The learned Sub-Judge has requested four weeks, if no other interim applications are filed, for final disposal. 3 O.P.(C) NO.931 OF 2020 2025:KER:23748 Taking into consideration the above facts and circumstances of the case, and based on the report received from the Sub Court, Irinjalakkda, this Original Petition (C) is disposed of directing the trial court to dispose of the suit O.S.No.110 of 2020 before closing of summer vacation. Since the original petition is disposed of with a direction to pass the final judgment, notice need not be sent. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.931 OF 2020 2025:KER:23748 APPENDIX OF OP(C) 931/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO. 110 OF 2020 ON THE FILE OF THE SUB COURT, IRINJALAKUDA DATED 4- 6-2020 EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED AS IA NO. 1 OF 2020 DATED 3-6-2020 IN EXT P1 SUIT EXHIBIT P3 A TRUE COPY OF THE SUMMONS ISSUED IN TERMS OF EXT P2 DATED 10-06-2020