Purushothaman vs Valsala @ Sajitha
2022 Latest Caselaw 2176 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                            OP(C) NO. 385 OF 2022
  AGAINST THE ORDER/JUDGMENT IN EP NO.526/2017 IN FDIA NO.2793/11 IN OS
                249/2005 OF I ADDITIONAL SUB COURT, KOZHIKODE
PETITIONER/RESPONDENT NO.2:

              PURUSHOTHAMAN
              AGED 60 YEARS
              S/O.RARICHAN, MULLAN PARAMBATH HOUSE,
              KURUVATTOOR AMSOM, PAYIMBRA DESOM,
              KOZHIKODE TALUK

              BY ADV E.NARAYANAN


RESPONDENTS/PETITIONER AND RESPONDENT NOS.3 TO 7:

     1        VALSALA @ SAJITHA
              AGED 53 YEARS,
              W/O.MUKUNDAN,
              D/O.ARIPPURATH MALU, KONOTTU
              KURUVATTOR AMSOM, KONOTTU DESOM,
              KOZHIKODE TALUK, PIN - 673 571

     2        KALYANI
              AGED 70 YEARS,
              W/O.RARICHAN, KURUVATTOOR AMSOM,
              PAYIMBRA DESOM, KOZHIKODE (DIED),
              KOZHIKODE TALUK, PIN 673 571

     3        K SIVANANDAN,
              AGED 58 YEARS,
              S/O.CHALIL CHATHU,
              KOMATT CHALIL HOUSE,
              KURUVATTOOR AMSOM, POLUR DESOM
              KOZHIKODE PIN 673 571
     4        ATHUL SANKAR,
              AGED 21 YEARS,
              S/O.PURUSHOTHAMAN,
              MULLAN PARAMBATH HOUSE
              KURUVATTOOR AMSOM,
              PAYIMBRA DESOM, KOZHIKODE TALUK - 673 571
     5        AJAY SANKAR,
              AGED 17 YEARS,
              S/O.PURUSHOTHAMAN,
              MULLAN PARAMBATH HOUSE
              KURUVATTOOR AMSOM, PAYIMBRA DESOM
              KOZHIKODE TALUK, PIN - 673 571
 OP(C) NO. 385 OF 2022
                                    2


    6          CHANDRAMATHI,
               AGED 55 YEARS,
               W/O.VELAYUDHAN, MURKKNATUU POYIL
               MADAVOOR AMSOM, MUTTANCHERY DESOM
               KOZHIKODE TALUK, PIN - 673 585

        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 385 OF 2022
                                   3



                             JUDGMENT

Dated this the 24th day of February, 2022

The petitioner, who is the second defendant in

O.S.249/2005 on the files of the First Additional Subordinate

Court, Kozhikode, has filed this Original Petition under Article 227

of the Constitution of India, with a prayer to direct the First

Additional Subordinate Judge, Kozhikode to keep in abeyance all

further proceedings in E.P.No.526/2017 in FDIA No.2793/2011 in

O.S.No.249/2005 till the disposal of Ext.P6 review petition.

2. Heard the learned counsel for the petitioner on

admission in detail.

Thereafter, the learned counsel for the petitioner sought

permission to withdraw the Original Petition since he failed to

substantiate the case. Permission granted. Accordingly, this

Original Petition stands dismissed as withdrawn.

It is specifically ordered that the execution court can go

with execution of the decree in a suit of the year 2005 without

fail.

OP(C) NO. 385 OF 2022

Registry is directed to forward a copy of this judgment to

the court below concerned, within seven days, for information

and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr