Omana Sasi vs T.S.Sasi
2021 Latest Caselaw 9066 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                      WP(C).No.10693 OF 2020(J)


PETITIONER:

               OMANA SASI
               AGED 61 YEARS
               W/O. T.S.SASI, SREESAILAM,
               K.R.BALACHANDRAN ROAD, THIRUVANKULAM (P.O),
               ERNAKULAM DISTRICT, PIN-682 305.

               BY ADVS.
               SRI.R.BINDU (SASTHAMANGALAM)
               SRI.PRASANTH M.P


RESPONDENTS:

      1        T.S.SASI
               AGED 65 YEARS
               S/O. LATE T.K. SADANANDAN,
               NEDIYAKALAYIL HOUSE,
               KUNJUKKATTU PARAMBIL HOUSE, POTHI PO,
               THALAYOLAPARAMBU,
               KOTTAYAM, NOW RESIDING AT UDAYA NAGAR,
               MUDUR (P.O), KUNTHAPURA, UDUPPI DISTRICT,
               KARNATAKA STATE, PIN-576 201.

      2        GEETHA
               AGED 55 YEARS
               NEDIYAKALAYIL HOUSE, KUNJUKKATTU PARAMBIL HOUSE,
               POTHI PO, THALAYOLAPARAMBU, KOTTAYAM,
               NOW RESIDING AT UDAYA NAGAR, MUDUR (P.O),
               KUNTHAPURA TALUK, UDUPPI DISTRICT,
               KARNATAKA STATE, PIN-576 201.

      3        THE VILLAGE OFFICER
               VILLAGE OFFICE, THIRUVAMKULAM,
               ERNAKULAM DISTRICT, PIN-682 305.

      4        THE SUB REGISTRAR
               SUB REGISTRAR'S OFFICE, TRIPUNITHURA,
               ERNAKULAM DISTRICT, PIN-682 301.
 WP(C).No.10693 OF 2020(J)    2

      5      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF REVENUE,
             THIRUVANANTHAPURAM, PIN-695 001.

             R1-2 BY ADVS. SRI.K.M.SATHYANATHA MENON
                           SMT.KAVERY S THAMPI


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10693 OF 2020(J)             3




                                JUDGMENT

Sri.R.Bindu Sasthamangalam, the learned counsel appearing for

the petitioner submits that the petitioner has approached the Family

Court by filing O.P.No.1600 of 2020 and in that view of the matter she is

not desirous of prosecuting this petition. The learned counsel requests

that the petitioner be permitted to withdraw this petition reserving her

right to seek appropriate relief from the Family Court. Reserving such

right, this writ petition is dismissed as withdrawn.

All pending interlocutory applications will stand closed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY AS M.C.NO.42/2014 DATED 24.6.2014.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY IN C.M.P NO.1268/2014 IN M.C.NO.42/2014 DATED 26.6.2014.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.11.2015 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY IN M.C.NO.42/2014 ALONG WITH THE COMPROMISE AGREEMENT DATED 28.11.2015.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12.7.2016.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 17.1.2017.

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 3.9.2016.

EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 30.11.2016.

EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY IN C.M.P NO.496/2016 IN M.C.NO.42/2014 DATED 18.1.2017.

EXHIBIT P9 TRUE COPY OF THE GIFT DEED DATED 20.3.2020.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3 AND 4 DATED 22.5.2020.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE