OP(C) NO. 302 OF 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
OP(C) NO. 302 OF 2016
AGAINST THE ORDER IN I.A.1988/2013 IN O.S 92/1976 OF
ADDITIONAL SUB COURT, PALAKKAD
PETITIONER:
JOY XAVIER
AGED 44 YEARS
S/O. K.XAVIER, VADAKKANCHERRY, ALATHUR TALUK,
PALAKKAD.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 HAMZA SAHIB
S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
TALUK, PALAKKAD-678683.
2 ALIYAR SAHIB
S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
TALUK, PALAKKAD-678683.
3 MUHAMMED IBRAHIM
S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
TALUK, PALAKKAD-678683.
4 MUHAMMED HANEEFA
S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
TALUK, PALAKKAD-678683.
5 DR. FRANCIS
VANNAMPARAMBIL, VADAKKANCHERRY, ALATHUR TALUK,
PALAKKAD DISTRICT, PALAKKAD-678683.
6 KUDUKASERI VEETTIL ANNAMMA
VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT-
678683.
OP(C) NO. 302 OF 2016
2
7 KOCHUTHRESSIA
VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT-
678683.
8 MERI
W/O. JECOB, VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD-
678683.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 302 OF 2016
3
JUDGMENT
The original petition is filed, challenging Ext.P5 order passed by the Court of the Subordinate Judge (Additional), Palakkad. Even though this original petition was filed as early as on 21.12.2015, the same has not been admitted and no interim order has been passed.
2. When the original petition came up for consideration on 25.7.2022, this Court had called for a report from the Court of the Subordinate Judge, Palakkad, to ascertain the status and position of O.S.92/1976. It is reported that the suit itself was decreed. The same was challenged before this Court in A.S.338/1996. This Court had set aside the judgment and decree in O.S.92/1976 and remanded the matter back to the trial court for fresh consideration. Thereafter, the suit was decreed. At present, FDIA 1115/84 is pending consideration and it is posted for objection,if any, on the commission report to OP(C) NO. 302 OF 2016 4 26.7.2022.
In the light of the report of the learned Subordinate Judge, Palakkad, I am of the view that nothing further survives in this original petition. Therefore, without prejudice to the right of the petitioner to challenge any subsequent orders passed in the above application, this original petition is dismissed.
Sd/-
C.S.DIAS
ma/27.7.2022 JUDGE
OP(C) NO. 302 OF 2016
5
APPENDIX OF OP(C) 302/2016
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF THE JUDGMENT DATED 24-2-2002 IN OS.NO. 92/1976 BEFORE THE SUB COURT, PALAKKAD. EXHIBIT P2- TRUE COPY OF THE COMMISSION REPORT DATED 4-3-2012 IN OS. 92/1976 BEFORE THE SUB COURT, PALAKKAD. EXHIBIT P3- TRUE COPY OF THE APPLICATION, I.A.1988/2013 IN O.S. 92/1976 BEFORE THE SUB COURT, PALAKKAD DATED 17-6-2013. EXHIBIT P4- TRUE COPY OF THE OBJECTION DATED 26-6-2013 IN I.A.1988/2013 IN O.S. 92/1976 BEFORE THE SUB COURT, PALAKKAD. EXHIBIT P5- TRUE COPY OF THE ORDER DATED 1-7-2014 IN I.A. 1988/2013 IN O.S.92/1976 BEFORE THE SUB COURT, PALAKKAD.