Kerala High Court
Minas Thenanchery vs M.Balan on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP(C).No.277 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 218/2018 OF PRINCIPAL MUNSIFF
COURT KOZHIKODE-I
PETITIONER:
MINAS THENANCHERY
AGED 44 YEARS
S/O. MUHAMMED IQBAL,
RESIDING AT THENACHERY HOUSE, NANMANDA POST,
KOZHIKODE 673 613.
BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
SMT.T.J.SEEMA
SMT.BHAVANA VELAYUDHAN
RESPONDENTS:
1 M.BALAN
AGED 66 YEARS
S/O. CHATHU,
MARUTHATTU HOUSE,
BALUSSERY AMSOM AND DESOM,
BALUSSERY POST,
KOYILANDY TALUK,
KOZHIKODE DISTRICT 673 612.
2 M.K. SHEKARAN,
AGED 72 YEARS
S/O. KELAPPAN, AMBALAKKANDY,
ERAMAMGALAM POST,
BALUSSERY AMSOM, MANNAMPOYIL DESOM,
KOYILANDY TALUK, KOZHIKODE DISTRICT 673 612.
3 ILLATH ABDUL MAJEED,
AGED 48 YEARS
S/O. ITHOTTI, PRESIDENT, NANMANDA HIGH SCHOOL
SOCIETY, NANMANDA POST, NANMANDA AMSOM AND DESOM ,
RESIDING AT ILLATH, KAPPURAM, P.O., VATTOLI BAZAAR,
SHIVAPURAM AMSOM , KAPPURAM DESOM, THAMARASSERY
TALUK, KOZHIKODE DISTRICT 673 612.
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
2
4 K. BALARAMAKURUP,
AGED 68 YEARS
S/O. KUNHIRAMAN NAIR,
SECRETARY,
HIGH SCHOOL SOCIETY, NANMANDA POST, NANMANDA AMSOM
AND DESOM, RESIDING AT KIZHAKKAYIL, KARUMALA POST,
SHIVAPURAM AMSOM, KARUMALA DESOM , THAMARASSERY
TALUK, KOZHIKODE DISTRICT 673 612.
R1-2 BY ADV. SRI.R.SREEHARI
R1-2 BY ADV. SRI.SACHIN VYAS
R3-4 BY ADV. SRI.NIDHI BALACHANDRAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.03.2021,
ALONG WITH OP(C).194/2019, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP(C).No.194 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 218/2018 OF PRINCIPAL MUNSIFF
COURT KOZHIKODE-I
PETITIONER:
C.P.VENUGOPALAN NAIR
AGED 79 YEARS
S/O.LATE RAMANKUTTY KIDAVU, RESIDING AT
CHERIYAPARAMBATH HOUSE, EKAROOL POST, UNNIKULAM,
THAMARASSERY, KOZHIKODE DISTRICT-673574.
BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
SMT.T.J.SEEMA
RESPONDENTS:
1 M.BALAN
AGED 66 YEARS
S/O.CHATHU, MARUTHATTU HOUSE, BALUSSERY AMSOM AND
DESOM, BALUSSERY POST, KOYILANDY TALUK, KOZHIKODE
DISTRICT-673 612.
2 M.K.SHEKARAN,
AGED 72 YEARS
S/O.KELAPPAN, AMBALAKKANDY, ERAMAMGALAM POST,
BALUSSERY AMSOM, MANNAMPOYIL DESOM, KOYILANDY
TALUK, KOZHIKODE DISTRICT-673 612.
3 ILLATH ABUDL MAJEED,
AGED 48 YEARS
S/O.ITHOTTI, PRESIDENT, NANMANDA HIGH SCHOOL
SOCIETY, NANMANDA POST,NANMANDA AMSOM AND DESOM,
RESIDING AT ILLATH, KAPPURAM, P.O.VATTOLI BAZAAR,
SHIVAPURAM AMSOM, KAPPURAM DESOM, THAMARASSERY
TALUK, KOZHIKODE DISTRICT0673 612.
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
4
4 K.BALARAMAKURUP,
AGED 68 YEARS
S/O.KUNHIRAMAN NAIR, SECRETARY, HIGH SCHOOL
SOCIETY, NANMANDA POST,NANMANDA AMSOM AND DESOM,
RESIDING AT KIZHAKKAYIL, KARUMALA POST, SHIVAPURAM
AMSOM, KARUMALA DESOM, THAMARASSERY TALUK,
KOZHIKODE DISTRICT-673 612.
R1-2 BY ADV. SRI.R.SREEHARI
R1-2 BY ADV. SRI.SACHIN VYAS
R3-4 BY ADV. SRI.NIDHI BALACHANDRAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.03.2021,
ALONG WITH OP(C).277/2019, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
5
JUDGMENT
[ OP(C).277/2019, OP(C).194/2019 ]
Dated this the 2nd day of March 2021
The learned counsel appearing for respondents 1
and 2 in both these matters submits that the suit before
the court below in O.S.No.218/2018 on the file of the
Munsiff Court I, Kozhikode has become infructuous and he
has filed an application seeking withdrawal of the suit.
The grievance expressed is to the effect to the in as much
as there is an order of stay in force already issued by
this Court, the lower court is not in a position to pass
orders. It is made clear that order of stay passed by this
Court will not stand in the way of the suit being
withdrawn.
With the above observation both O.Ps are disposed
of.
Sd/-
T.V.ANILKUMAR
JUDGE
SMF
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
APPENDIX OF OP(C) 277/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.
218/2018 PENDING BEFORE THE PRINCIPAL
MUNSIFFS COURT-1, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT FILED IN I.A.
NO. 1305/2018 IN O.S. NO. 218/2018 BEFORE
THE PRINCIPAL MUSIFFS COURT-1, KOZHIKODE.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT
OF I.A. NO. 1306/2018 IN O.S. NO. 218/2018
BEFORE THE PRINCIPAL MUNSIFFS COURT-1,
KOZHIKODE.
EXHIBIT P4 TRUE COPY OF THE ADVOCATE COMMISSIONERS
REPORT FILED BEFORE THE PRINCIPAL MUNSIFFS
COURT-1, KOZHIKODE.
EXHIBIT P5 TRUE COPY OF I.A. NO. 2013/2018 IN O.S. NO.
218/2018 FILED BY THE PETITIONER
EXHIBIT P6 TRUE COPY OF COUNTER STATEMENT FIELD BY THE
RESPONDENT 1 AND 2 IN I.A. NO. 2013/2018.
EXHIBIT P7 TRUE COPY OF COUNTER STATEMENT FILED BY THE
RESPONDENTS 3 AND 4 IN I.A. NO. 2013/2018.
EXHIBIT P8 TRUE COPY OF WRITTEN STATEMENT FILED BY THE
DEFENDANTS IN O.S. NO. 218/2018.
EXHIBIT P9 TRUE COPY OF AFFIDAVIT IN I.A. NO.
3586/2018 FILED BY THE PLAINTIFFS IN OS.
NO. 218/2018.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN WPC NO. 11347/2018 DATED 6.4.2018.
EXHIBIT P11 TRUE COPY OF ORDER IN I.A. NO. 2013/2018 IN
O.S. NO. 218/2018 DATED 7.12.2018 OF THE
PRINCIPAL MUNSIFFS COURT, KOZHIKODE.
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
APPENDIX OF OP(C) 194/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.218/2018
PENDING BEFORE THE PRINCIPAL MUNSIFF'S
COURT-I, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT FILED IN
I.A.NO.1305/2018 IN O.S.NO.218/2018 BEFORE
THE PRINCIPAL MUNSIFFS COURT-I, KOZHIKODE.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT
OF I.A.NO.1306/2018 IN O.S.NO.218/2018
BEFORE THE PRINCIPAL MUNSIFF'S COURT-I,
KOZHIKODE.
EXHIBIT P4 TRUE COPY OF THE ADVOCATE COMMISSIONER'S
REPORT FILED BEFORE THE PRINCIPAL MUNSIFF'S
COURT-I, KOZHIKODE.
EXHIBIT P5 TRUE COPY OF I.A.NO.1357/2018 IN
O.S.NO.218/2018 FILED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF I.A.NO.1358/2018 IN
O.S.NO.218/2018 FILED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF COUNTER STATEMENT FILED BY THE
RESPONDENTS 1 AND 2 IN I.A.NO.1357/2018.
EXHIBIT P8 TRUE COPY OF COUNTER STATEMENT FILED BY THE
RESPONDENTS 1 AND 2 IN I.A.NO.-1358/2018.
EXHIBIT P9 TRUE COPY OF COUNTER STATEMENT FILED BY THE
RESPONDENTS 3 AND 4 IN I.A.NO.1357/2018.
EXHIBIT P10 TRUE COPY OF COUNTER STATEMENT FILED BY THE
RESPONDENTS 3 AND 4 IN I.A.NO.1358/2018.
EXHIBIT P11 TRUE COPY OF WRITTEN STATEMENT FILED BY THE
DEFENDANTS IN O.S.NO.218/2018.
EXHIBIT P12 TRUE COPY OF AFFIDAVIT IN I.A.NO.3586/2018
FILED BY THE PLAINTIFFS IN OS NO.218/2018.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO.11347/2018 DATED 6.4.2018.
EXHIBIT P14 TRUE COPY OF COVERING LETTER ALONG WITH
OP(C).No.277 OF 2019
&
OP(C).No.194 OF 2019
DECLARATION OF THE PETITIONER DATED
24.1.2018.
EXHIBIT P15 TRUE COPY OF ORDER OF THE DISTRICT
EDUCATIONAL OFFICER DATED 20.6.2018.
EXHIBIT P16 TRUE COPY OF THE ORDER OF THE SECRETARY TO
GOVERNMENT, EDUCATION DEPARTMENT DATED
5.7.2018.
EXHIBIT P17 TRUE COPY OF ORDER IN I.A.NO.-1357/2018 IN
OS NO.218/2018 DATED 7.12.2018 OF THE
PRINCIPAL MUNSIFF COURT, KOZHIKODE.
EXHIBIT P18 TRUE COPY OF ORDER IN IA NO.1358/2018 IN OS
NO.218/2018 DATED 7.12.2018 OF THE
PRINCIPAL MUNSIFF COURT, KOZHIKODE.
//TRUE COPY//
PA TO JUDGE
