Santhosh vs Rukkaiya Beevi
2022 Latest Caselaw 11889 Ker

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OP(C) No. (Filing No.2571/2022) of 2022


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

  WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944

                  OP(C) NO. 2571 OF 2022(FILING NO.)

AGAINST THE ORDER/JUDGMENT IN CMA NO.1/2014 IN IA NO.1406/2013 IN OS

            150/2013 OF ADDITIONAL DISTRICT COURT,KOTTAYAM

PETITIONER/S:

            SANTHOSH,AGED 48 YEARS,S/O.LATE SUKUMARAN NAIR,
            KULANJIYIL HOUSE,CHENAPPADY KARA, ERUMELI SOUTH VILLAGE,
            KOTTAYAM DISTRICT., PIN - 686520
            BY ADVS.
            MATHEW DEVASSI
            ANCY MATHEW
            A.C.DEVASIA


RESPONDENT/S:

     1      RUKKAIYA BEEVI,AGED 77 YEARS,W/O LATE PERIYA
            MEERANRAWTHER, P.S.R BUNGALOW, KANNAN KARA,
            KUMBAZHA KARA, KUMBAZHA VILLAGE,
            KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT,
            NOW RESIDING AT KANJIRAMANILKKUNNATHIL PUTHEN VEEDU,
            NEAR CHRISTMAS BHAVAN, OMALLOOR P.O,
            MANJANIKARA KARA (OMALLOOR TOWN WARD 13),
            OMALLOOR VILLAGE, KOZHENCHERRY TALUK,
            PATHANAMTHITTA DISTRICT,
            , PIN - 689647
     2      ABDUL JABBAR,AGED 66 YEARS,S/O. LATE SAYED MOHAMMED
            RAWTHER,RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY
            SOUTH VILLAGE, ERUMELY KARA, ERUMELI P.O, KANJIRAPPALLY
            TALUK, KOTTAYAM DISTRICT., PIN - 686509
     3      THAMBI RAWTHER,AGED 79 YEARS,S/O. LATE SAYED MOHAMMED
            RAWTHER,RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY
            SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN
            - 686509
     4      ANEESA NASEEM,AGED 51 YEARS
            W/O. LATE NASSEEMUDEEN, RESIDING AT
            THEKKUMTHOTTATHIL HOUSE, ERUMELY SOUTH VILLAGE, ERUMELY
            KARA,ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT , PIN - 686509
     5      SIYADU MUHAMMED,AGED 27 YEARS
            S/O. LATE NASSEEMUDEEN, RESIDING AT
            THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK,
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OP(C) No. (Filing No.2571/2022) of 2022

            KOTTAYAM DISTRICT., PIN - 686509
     6      SUMINA NAZEEM,AGED 23 YEARS
            D/O. LATE NASSEEMUDEEN, RESIDING AT
            THEKKUMTHOTTATHIL HOUSE, ERUMELY SOUTH VILLAGE, ERUMELY
            KARA,ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT, PIN - 686509
     7      K.P.HAJARA BEEVI,AGED 65 YEARS,W/O THAMBI RAWTHER,
            RESIDING AT THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT, PIN - 686509
     8      A. LATHEEFA BEEVI,AGED 58 YEARS
            W/O. ABDUL LATHEEF,RESIDING AT THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN
            - 686509
     9      NOUSHAJA,AGED 39 YEARS,D/O. ABDUL JABBAR,
            RESIDING AT THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT
            , PIN - 686509
    10      SEBIN,AGED 34 YEARS,D/O ABDUL LATHEEF,
            RESIDING AT THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT., PIN - 686509
    11      MOHAMMED SINAB,AGED 40 YEARS,S/O. LATE ABDUL LATHEEF,
            THEKKUMTHOTTATHIL HOUSE,
            ERUMELY SOUTH VILLAGE, ERUMELY KARA,
            ERUMELY P.O, KANJIRAPPALLY TALUK,
            KOTTAYAM DISTRICT
            , PIN - 686509

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No. (Filing No.2571/2022) of 2022



                       C.S DIAS,J.
                   ---------------------------
      OP(C) No. (Filing No.2571/2022) of 2022
                  -----------------------------
      Dated this the 21st day of December, 2022.

                            JUDGMENT

The learned counsel appearing for the petitioner

after arguing for some time, seeks leave to withdraw

the original petition. The said submission is recorded.

The original petition is dismissed as withdrawn.

sd/-

Sks/21.12.2022 C.S.DIAS, JUDGE

OP(C) No. (Filing No.2571/2022) of 2022

APPENDIX OF OP(C) 2571/2022(Filing No.)

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S NO.150/2013 DATED 24/6/2013 BEFORE THE SUB COURT, PALA Exhibit P2 TRUE COPY OF THE INJUNCTION PETITION BEARING I.A NO.1406/2013 IN O.S NO.150/2013 BEFORE THE SUB COURT, PALA DATED 30/8/2013 Exhibit P3 TRUE COPY OF THE ORDER IN I.A NO.1406/2013 IN O.S NO.150/2013 DATED 6/12/2013 PASSED BY THE SUB COURT, PALA Exhibit P4 TRUE COPY OF THE ORDER IN C.M.A NO.1/2014 PASSED BY THE ADDL. DISTRICT JUDGE-1, KOTTAYAM DATED 17/7/2014 Exhibit P5 TRUE COPY OF THE TITLE BEARING DEED NO.1158/2018 DATED 28/7/2018 Exhibit P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY SRO, ERUMELY DATED 22/4/2022 Exhibit P7 TRUE COPY OF THE JUDGMENT IN O.P(C) NO.3126/2015 DATED 21/12/2015 PASSED BY HON'BLE HIGH COURT Exhibit P8 TRUE COPY OF THE JUDGMENT IN O.P(C) NO.920/2021 DATED 01.11.2021 PASSED BY THIS HON'BLE COURT