Back
2021 Supreme(Online)(KER) 19730
HIGH COURT OF KERALA
V. G. Arun, J
V.V.MANOHARAN – Appellant
Versus
KARIMPIL PRADEEPAN – Respondent
OP(C)/2223/2019
G.SREEKUMAR (CHELUR), SMT.SHAMEENA SALAHUDHEEN, SRI.V.RAMKUMAR NAMBIAR, SRI.K.K.CHANDRAN PILLAI (SR.), SMT.S.AMBILY, SMT.NAMITHA NAMBIAR, SRI.SAJI THOMAS, SHRI.MICKY THOMAS, SMT.M.MEENA JOHN
A court should avoid discussing merits of a case that is already pending to maintain impartiality until the lower court's decision.
Headnote:
Judicial Review - Original Petition - O.S. 77 of 2018
Fact of the Case:
The petitioners sought intervention in an ongoing trial concerning O.S. No. 77 of 2018 at the Principal Munsiff's Court, Kannur, raising issues that were set for decision in November.
Finding of the Court:
The court determined it was inappropriate to adjudicate the merits of the case at this stage, as it could harm the rights of the parties involved, leaving all contentions open for resolution in the trial court.
Issues: Whether the court should intervene in the pending trial in O.S. 77 of 2018 and make a decision on merits.
Ratio Decidendi: It is the court's responsibility to refrain from adjudicating on the merits of a case that is still pending before a lower court, to avoid prejudice.
Final Decision: Original petition closed, leaving all contentions for the trial court.
J U D G M E N T
Dated this the 07th day of October, 2021 I heard the learned counsel for the petitioners and the respondents at length. It is informed that the suit is listed for trial in November. In such circumstances, it may not be appropriate for this court to pass an order on merits, since it may prejudice one side or the other.
Therefore, the original petition is closed, leaving open all contentions to be raised before the trial court. The Principal Munsiff, Kannur shall take earnest efforts to dispose of O.S. No. 77 of 2018 as expeditiously and, if possible, within two months of receipt of a copy of this judgment.
(Sd/-)
V.G.ARUN JUDGE
APPENDIX OF OP(C) 2223/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPPY OF THE PLAINT IN O.S.77/2018 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR DATED 28.2.2018.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 11.7.2013 IN RSA 75 OF 2013 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN OS 282 OF 2005 OF MUNSIFF COURT, KANNUR DATED 19.11.2013.
EXHIBIT P4 A TRUE COPY OF THE INJUNCTION ORDER IN I.A.629 OF 2018 IN O.S.77 OF 2018 DATED 28.2.2018 OF THE PRINCIPAL MUNSIFF COURT, KANNUR.
EXHIBIT P5 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.77 OF 2018 OF THE PRINCIPAL MUNSIFF COURT, KANNUR DATED NIL.
EXHIBIT P6 A TRUE COPY OF THE PLAINT IN OS 85 OF 2018 BEFORE THE MUNSIFF COURT, KANNUR DATED
28.2.2018.
RESPONDENTS EXHIBITS EXHIBIT R1 (A) TRUE COPPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS 6 AND 7 IN O.S. NO. 77/2018 OF THE PRINCIPAL MUNSIFF'S COURT, KANNUR WHO ARE RESPONDENTS 3 AND 4 IN THIS ORIGINAL PETITION.
// True Copy // PA To Judge
