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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 OP(C) NO. 1981 OF 2018 IN OS NO.102 OF 2017 OF ASSISTANT SESSIONS COURT/SUB COURT/
COMMERCIAL COURT, NEDUMANGAD PETITIONER/PLAINTIFF:
MURALEEDHARAN PILLAI S/O.GOPALAKRISHNAN NAIR, VAZHAPPALLIL VEEDU, CHITTOOR MURI, PANMANA, CHAVARA P.O., NOW RESIDING AT URALIKA, KRAA 24-A,T.C.19/805(1), KESAVADEV ROAD, MUDAVANMUGHAL, POOJAPPURA, THIRUVANANTHAPURAM.
BY ADVS.
D.KISHORE R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS/DEFENDANTS:
1 GOMATHI AMMA D/O.RAJAMMA PILLAI, RESIDING AT VAZHAPPALLIL VEEDU, CHITTOOR MURI, PANMANA, CHAVARA P.O., NOW RESIDING AT VAZHAPPALLIL, KOLATHERY ROAD, PUNITHURA, PETTAH, ERNAKULAM-682038. (DIED)
2 PRADEEP S/O.RAMACHANDRAN PILLAI, RESIDING AT VAZHAPPALLIL VEEDU, CHITTOOR MURI, PANMANA, CHAVARA P.O., NOW RESIDING AT VAZHAPPALLIL, KOLATHERY ROAD, PUNITHURA, PETTAH, ERNAKULAM-682038.
3 PREETHAKUMARI D/O.GOMATHI AMMA, RESIDING AT MADHAVA NILAYAM, CHERUSSERI BHAGOM, CHAVARA P.O., KOLLAM-691583
4 VELAYUDHAN CHETTIAR, S/O.PARAMESWARAN CHETTIYAR, RESIDING AT NARIKUNNU PUTHEN VEEDU, THEKKUMKARA MURI, NEDUMANGAD TALUK, NOW RESIDING AT
48/15-1 MELARANNOOR ROAD-2, KARAMANA P.O., THIRUVANANTHAPURAM-695002.
5 JAGADAMBAL W/O.VELAYUDHAN CHETTIAR,RESIDING AT NARIKUNNU PUTHEN VEEDU, THEKKUMKARA MURI, NEDUMANGAD TALUK, NOW RESIDING AT
48/15-1 MELARANNOOR ROAD-2, KARAMANA P.O., THIRUVANANTHAPURAM-695002.
6 RAJAMMA PILLAI D/O.EASWARI AMMA, RESIDING AT PLAVILA KIZHAKKATHIL, KIDANGAYAM KANNIMAL, NORTH MYNAGAPPALLY P.O., KOLLAM DISTRICT-695519.(DIED)
7 SATHIKUMARI D/O.SAVITHRI, RESIDING AT GEETHA COTTAGE, THEKKUMKARA MURI, KARIPPUR VILLAGE, KARIPPUR P.O., THIRUVANANTHAPURAM -695541.
8 KANNAN S/O. THANKAPPANACHARI, RESIDING AT JAYAGOPALA MANDIRAM, MUKKOLAKKAL, KARIPPUR VILLAGE, THEKKUMKARA MURI, THIRUVANANTHAPURAM -695541.
9 VENAD HOSPITAL (P) LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, DR.K.P.AYYAPPAN, S/O. A.N.PADMANABHAN, KILIMANGALATHU VEEDU, PADANAYARKULANGARA, THERUMKURI, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT-690518. 10 VINOD KUMAR M.L.
S/O.MADHAVAN NAIR, RESIDING AT VINIS BEHIND LIC, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541.
11 B.SIVAKUMAR S/O. BHASKARAN NAIR, RESIDING AT KAAKKANI PUTHEN VEEDU, VETTOORKONAM, MANCHA, ARUVIKKARA VILLAGE-695564.
12 BEENA D/O.OMANA, RESIDING AT GANGOTHRI, ELIYAVOOR, UZHAMALAKKAL THIRUVANANTHAPURAM-695542.
13 B.S.RAJASEKHARAN S/O. BALAKRISHNAN, RESIDING AT KIZHAKKUMKARA PUTHEN VEEDU, KURUPUZHA, THIRUVANANTHAPURAM-695562.
14 DEEPA L.P. NAIR D/O.LALITHAMMA RESIDING AT ANJANEYAM, THARTTA, AANAMKUZHI MURI, KALLARA VILLAGE, THIRUVANANTHAPURAM-
695608.
15 VISWANATHAN S/O.KUNJU, RESIDING AT K.N.NIVAS, CHITTATTINKARA DESOM, ATTINGAL, THIRUVANANTHAPURAM-695101.(DIED)
16 SHEELA D/O.SANTHA, RESIDING AT WISWAVILASOM, MUTTADA, CHETTIVILAKOM MURI, CHETTIVILAKOM (KUDAPPANAKUNNU VILLAGE), THIRUVANANTHAPURAM-695043.
17 SASIDHARAN S/O.GOVINDAN, RESIDING AT LLAVUMKUZHI KUNNUMPURATH VEEDU, KARIPPUR VILLAGE, KARIPPUR MURI, THIRUVANANTHAPURAM-695541.
18 PRASANNA D/O.PANKAJAKSHI AMMA, RESIDING AT SASIDHARAVILASOM, KARIPPUR VILLAGE, VADAKKUMKARA MURI, CHANTHAVILA, THIRUVANANTHAPURAM-695585.
19 APPUKUTTAN S/O.GOVINDAN, RESIDING AT KUNNUMPURATHU VEEDU, ERAVUKUZHI, KARIPPUR VILLAGE, KARIPPUR MURI, THIRUVANANTHAPURAM-695541.(DIED)
20 SOMASEKHARAN S/O.GOVINDAN, RESIDING AT KUNNUMPURATHU VEEDU, ERAVUKUZHI, KARIPPUR VILLAGE, KARIPPUR MURI, THIRUVANANTHAPURAM-695541.(DIED)
21 SANTHAKUMARI D/O.PONNAMMA, RESIDING AT SISDHARAVILASOM, CHANTHAVILA, KARIPPUR VILLAGE, KARIPPUR MURI, THIRUVANANTHAPURAM-
695541.
22 RAJESH KUMAR S/O.SUKUMARAN, RESIDING AT T.C.14/1382, MELEKUNNUMPURATHU VEEDU, KADAKOMPALLY VILLAGE, PULLI MURI, THIRUVANANTHAPURAM-695029.
23 VIJI S.NAIR D/O.VASANTHA KUMARI,RESIDING AT T.C.14/1382, MELEKUNNUMPURATHU VEEDU, KADAKOMPALLY VILLAGE, PULLI MURI, THIRUVANANTHAPURAM-695029.
24 VASANTHAKUMARI D/O.BHARATHI AMMA, RESIDING AT T.C.14/1384(1), MELEKUNNUMPURATHU VEEDU, CHENNILODE, KANNAMMOOLA, KADAKOMPALLY VILLAGE, THIRUVANANTHAPURAM-695029.
25 KASTHURBA BHAI W/O.VISWANATHAN, RESIDING AT K.V.NIVAS, NEAR VELARKUDI TEMPLE, CHIRAYINKEEZHU ROAD, ERATTAPPANA MANDAN NADA, CHIRAYIKEEZHU, THIRUVANANTHAPURAM-695304.
26 K.V.DITTY, D/O.VISWANATHAN,RESIDING AT K.V.NIVAS, NEAR VELARKUDI TEMPLE, CHIRAYINKEEZHU ROAD, ERATTAPPANA MANDAN NADA, CHIRAYIKEEZHU, THIRUVANANTHAPURAM-695304.
27 K.V.DIJI D/O.VISWANATHAN,RESIDING AT K.V.NIVAS, NEAR VELARKUDI TEMPLE, CHIRAYINKEEZHU ROAD, ERATTAPPANA MANDAN NADA, CHIRAYIKEEZHU, THIRUVANANTHAPURAM-695304.
28 SAVITHRI W/O.APPUKUTTAN, RESIDING AT SHEEBA BHAVAN, CHARUVELI, CHULLIMANOOR P.O., ANAD VILLAGE, THIRUVANANTHAPURAM-
695541.
29 SHABU S/O.APPUKUTTAN, RESIDING AT SHEEBA BHAVAN, CHARUVELI, CHULLIMANOOR P.O., ANAD VILLAGE, THIRUVANANTHAPURAM-
695541.
30 SHIBU S/O.APPUKUTTAN, RESIDING AT SHEEBA BHAVAN, CHARUVELI, CHULLIMANOOR P.O., ANAD VILLAGE, THIRUVANANTHAPURAM-
695541.
31 SHEEBA D/O.SAVITHRI, RESIDING AT SHEEBA BHAVAN, CHARUVELI, CHULLIMANOOR P.O., ANAD VILLAGE, THIRUVANANTHAPURAM-
695541.
32 KUTTAPPAN S/O.APPUKUTTAN AND KUNJULEKSHMY, TEA SHOP, NEAR SARASWATHY THEATRE, NEAR PAZHAKUTTY PETROL PUMP, PAZHAKUTTY, NEDUMANGADU, THIRUVANANTHAPURAM-695561.
33 SHYLAJA D/O.APPUKUTTAN AND KUNJULEKSHMY, TEA SHOP, NEAR SARASWATHY THEATRE, NEAR PAZHAKUTTY PETROL PUMP, PAZHAKUTTY, NEDUMANGADU, THIRUVANANTHAPURAM-695561.
34 GIRIJA W/O.SOMASEKHARAN,RESIDING AT G.S.ELECTRICALS, NEAR KSEB OFFICE, CHACKAI,THIRUVANANTHAPURAM-695011.
35 ANEESH KUMAR S/O.SOMASEKHARAN,RESIDING AT G.S.ELECTRICALS, NEAR KSEB OFFICE, CHACKAI,THIRUVANANTHAPURAM-695011.
36 SANTHOSH S/O.JANARDHANAN PILLAI, RESIDING AT PLAVILLA KIZHAKKATHIL,KIDANGAYAM, KANNIMEL, SOUTH SOORANADU VILLAGE, KOLLAM DISTRICT-690522.
37 GEETHAKUMARI V.G., D/OGOMATHI AMMA, GOPIKAS, MANAYILKULANGARA, THIRUMALLAVARAM P.O., VELLAYATHAMBALAM, KOLLAM DISTRICT-691012.
* IT IS RECORDED THAT THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENTS 1, 6, 15, 19 AND 20 ARE ALREADY IN THE PARTY ARRAY, AS PER ORDER DATED 11/11/2022.
BY ADVS.
M.RAMASWAMY PILLAI RAM MOHAN.G.
G.RANJU MOHAN SRI.S.VISHNU A.S.SHAMMY RAJ A.CHANDRASEKHARAN NAIR M.SANTHI (K/868/2011)
G.P.SHINOD GOVIND PADMANAABHAN PREETHY R. NAIR SHRI.AJIT G ANJARLEKAR THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 28th day of February, 2024 This Original Petition is preferred challenging Ext.P3 Common Order, which refused an application to recall two witnesses and also for production of one document, obtained under the Right to Information Act, 2005. Both requests were turned down on the question of delay. Admittedly, the applications were filed after closure of the evidence.
2. When the matter was taken up for consideration today, learned counsel for the petitioner would submit that the petitioner is not insisting for recalling the witnesses sought for vide Ext.P1. However, the petitioner may be permitted to produce the document, which was obtained under the Right to Information Act, which opportunity was sought for vide Ext.P2. Learned counsel would submit that it is after closure of evidence that the present document, sought to be produced, was obtained by the petitioner, who is the plaintiff in the suit, O.S.No.102/2007, pending before the Sub Court, Nedumangad. Learned counsel would rely upon Order XI, Rule 14 to point out that the court can permit production of documents at any stage of the suit.
3. Although notice was served on the respondents – personally, as also, by paper publication – none of the respondents, except respondents 8 and 9 have chosen to appear before this Court. Respondents 8 and 9 has only formal objection to the limited prayer, now sought for by the learned counsel for the petitioner.
In the circumstances, this Original Petition is allowed to the limited extent of permitting the petitioner to produce Ext.P4 document before the court and also to adduce evidence, strictly confined to proof of such document. The evidence will stand re-opened for the said limited purpose. Once the evidence is over, the court will proceed to hear and dispose of the suit expeditiously, taking into account the fact that the suit is of the year 2007, at any rate, within a period of six months from the date of receipt of a copy of this judgment.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE
APPENDIX OF OP(C) NO.1981/2018 PETITIONER’S EXHIBITS:
EXHIBIT - P1 TRUE COPY OF THE APPLICATION, I.A.517/2016 DATED 30/6/2016 IN O.S.102/07 BEFORE THE SUB COURT, NEDUMANGAD EXHIBIT - P2 TRUE COPY OF THE APPLICATION, I.A.170/2017 DATED 24/5/2017 IN O.S.102/07 BEFORE THE SUB COURT, NEDUMANGAD EXHIBIT - P3 TRUE COPY OF THE COMMON ORDER DATED
12/7/2018 IN I.A.517/2016 AND I.A.170/2017 IN O.S.102/07 BEFORE THE SUB COURT, NEDUMANGAD EXHIBIT - P4 TRUE COPY OF THE REPLY DATED 10/1/2017
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