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OP (C)No.1382 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(C) NO. 1382 OF 2019
AGAINST THE ORDER/JUDGMENT IN IA 7653/18 IN OS 60/2017 OF
PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER/S:
1 MAHESH SANKER.H
AGED 35 YEARS
S/O.HARAN, SOFTWARE ENGINEER, SRI.SAILAM, MAIDANAM,
VARKALA, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY
2ND PETITIONER POWER ATTORNEY HOLDER S.HARAN
2 S.HARAN
AGED 61 YEARS
S/O.SANKARAN NAIR, RESIDING AT SRI.SAILAM,
MAIDANAM, VARKALA, THIRUVANANTHAPURAM.
BY ADV R.ANILKUMAR
RESPONDENT/S:
1 STAR HOMES FOUNDATIONS STRUCTURES PVT. LTD
REGIONAL OFFICE, SOUTH STAR APARTMENT OPPOSITE
KSRTC, ERNAKULAM, COLLEGE P.O., KOCHI-682 035,
REPRESENTED BY AJAY GEORGE.
2 JOHN K.UMMEN
S/O.KOCHUMMEN, VETTIPPUZHA, EDAPPALLY P.O., KOCHI-
24, GENERAL MANAGER OF STAR HOMES BUILDERS,
CHERUPARAMBATH ROAD, KADAVANTHRA, KOCHI-682 030.
3 JOSE ABRAHAM
S/O.ABRAHAM MANKIDIYIL HOUSE, PIRAON ROAD P.O.,
ERNAKULAM, PIN-686 664.
4 SOUTH STAR APARTMENTS RESIDENTS ASSOCIATION,
SOUTH APARTMENT, KSRTC, ERNAKULAM, COLLEGE P.O.,
KOCHI-682 035, REPRESENTED BY K.V.PAUL.
BY ADV SRI.BIJU ABRAHAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (C)No.1382 of 2019
C.S DIAS,J.
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OP (C)No.1382 of 2019
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Dated this the 7th day of July, 2022.
JUDGMENT
The learned counsel appearing for the petitioners submits that the original petition may be dismissed as not pressed. The said submission is recorded. The original petition is dismissed as not pressed.
SD/-
sks/7.07.2022 C.S.DIAS, JUDGE 3 OP (C)No.1382 of 2019 4 OP (C)No.1382 of 2019 APPENDIX OF OP(C) 1382/2019 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE PLAINT IN OS NO.60/2017 FILED BEFORE THE MUNSIFF'S COURT, ERNAKULAM ON 13H JANUARY, 2017. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT/3RD DEFENDANT ON 3RD MARCH, 2017. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 25.11.2011 CUTED BETWEEN 1ST RESPONDENT AND 2ND PETITIONER.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE ORDER IN IA NO.7439/2018 IN OS NO.60/2018 DATED 17TH OCTOBER, 2018.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE IA NO.7653/2018 IN OS NO.60/2017 DATED 17.10.2018. EXHIBIT P6 THE TRUE PHOTOCOPY OF THE ORDER IN IA NO.7653/2018 IN OS NO.60/2017 DATED 17.10.2018.
RESPONDENT EXHIBITS EXHIBIT R3(1) A TRUE COPY OF THE JUDGMENT IN OS 60/2017 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM DATED 30.7.2019 EXHIBIT R3(2) A TRUE COPY OF THE ORDER IN RCP NO 69/2017 OF THE ADDITIONAL MUNSIFF AND RENT CONTROL ERNAKULAM DATED 30.7.2019