Armiannoor Sasthavu Devaswom vs Harrison Malayalam Ltd
2021 Latest Caselaw 16342 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                          OP(C) NO. 1117 OF 2016
         AGAINST THE ORDER IN I.A.NO.201/2016 IN OS 31/2015 OF SUB
                         COURT,THODUPUZHA, IDUKKI
PETITIONER/S:
           ARIMANNOOR SASTHAVU DEVASWOM
           REGISTERED OFFICE AT BUILDING III/366(NEW NO.111/307),
           KALIYAR KARA, KODIKKULAM VILLAGE, THODUPUZHA TALUK,
           REPRESENTED BY ITS MANAGING TRUSTEE M.N.KRISJHNAN ELAYAT,
           MANJAPPILLIL ILLOM, PEROOR P.O., KOTTAYAM.
              BY ADVS.
              SRI.R.KRISHNA RAJ
              SRI.BIJITH S.KHAN
              SMT.E.S.SONI

RESPONDENT/S:

     1        HARRISON MALAYALAM LTD
              REGD.OFFICE 26/1624, BRISTOW ROAD, KOCHI-682 003,
              REPRESENTED BY ITS SENIOR MANAGER(LEGAL), M.V.H. MENON.
     2        STATE OF KERALA
              REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.
              R1 BY ADVS.
              SRI.P.BENNY THOMAS
              SRI.M.GOPIKRISHNAN NAMBIAR
              SRI.K.JOHN MATHAI
              SRI.JOSON MANAVALAN
              SRI.KURYAN THOMAS
              R2 BY GOVERNMENT PLEADER SMT. MAYA M.N.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1117 of 2016
                                       2

                              M.R. Anitha, J.
                           ---------------------
                          O.P.(C)No.1117 of 2016
                          ----------------------
                         Dated : 4th August, 2021


                                JUDGMENT

1. This Original Petition has been filed against the order in

I.A.No.201 of 2016 in O.S.No.31 of 2015 on the file of Sub Court,

Thodupuzha, which is a petition filed under Order XXVI Rule 9 of

C.P.C. for issue of a commission.

2. After hearing both sides, the learned Sub Judge, Thodupuzha

dismissed the commission application, against which, this O.P.(C)

has been filed.

3. When the case came up for hearing, the learned counsel for the

petitioner, submitted that the matter has become infructuous and

she is not pressing the relief with regard to the appointment of a

commission in the above case for the present.

4. It is reported by the learned counsel for the 1 st respondent that,

they have raised question of tenancy right under the Kerala Land

Reforms Act, 1963 and the matter has been referred to the Land

Tribunal for finding at the instance of the 1st respondent. O.P.(C)No.1117 of 2016

5. In the above circumstances, this Original Petition is dismissed as

infructuous.

Sd/-

M.R.Anitha, Judge shg/ O.P.(C)No.1117 of 2016

APPENDIX OF OP(C) 1117/2016

PETITIONER EXHIBITS P1 COPY OF THE ORDER IN CRP NO.98/1104 REPORTED IN 492 THE TRAVANCORE LAW TIMES REPORTS (VOL.IX)DT.28.09.1934 P2 COPY OF THE PLAINT IN OS NO.31/2015 DTD.4.9.2015.

P3 COPY OF IA 200/2016 DTD.26.2.2016. P4 COPY OF IA 201/2016 DTD.26.02.2016. P5 COPY OF THE ORDER IN IA NO.201/2016 DTD.17.3.2016.

P6 COPY OF THE LICENCE DTD.9.05.1986. P7 COPY OF THE ORDER IN WPC 33122/2014 DTD.10.12.2014.

P8 COPY OF THE REPORT OF THE VILLAGE OFFICER DTD.29.2.2016.