Kerala High Court
Bhanumathi vs K. Abdurahiman Haji on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 588 OF 2022
IN EP 191/2019 IN F.D.I.A NO.1702 OF 2017 IN O.S.NO.16 OF 2016 ON
THE FILES OF ADDITIONAL SUB COURT-I, KOZHIKODE
PETITIONERS/JUDGMENT DEBTORS NOS. 1 & 2:
1 BHANUMATHI,
AGED 59 YEARS,
D/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE , PIN - 673002
2 SREEMATHI,
AGED 70 YEARS,
D/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE , PIN - 673002
BY ADV K.M.FIROZ
RESPONDENTS/DECREE HOLDERS AND JUDGMENT DEBTORS NOS. 3 TO 6:
1 K. ABDURAHIMAN HAJI,
AGED 61 YEARS,
S/O. TV MAMMUHAJI,
VIYYOOR AMSOM, KOLLAM DESOM,
KOYILANDI TALUK, KOZHIKODE ,
PIN - 673306
2 T. VISHWANATHAN,
AGED 64 YEARS,
S/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE , PIN - 673002
3 T. SUMATHI,
AGED 62 YEARS,
D/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE , PIN - 673002
O.P.(C)No.588 of 2022
2
4 T. VIJAYARAGHAVAN,
AGED 56 YEARS,
S/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE, PIN - 673002
5 T.VASUMATHI,
AGED 58 YEARS,
D/O. MARAKKAR THOTTUMMAL APPUTTY,
KASABA VILLAGE, KALATHINIKUNNU DESOM,
KOZHIKODE, PIN - 673003
BY ADVS.
mohanakannan k
M.MUHAMMED SHAFI(K/595/1997)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.588 of 2022
3
JUDGMENT
Dated this the 06th day of July, 2022
In view of the subsequent filing of
O.P.(C)No.942/2022 and passing of the interim order
dated 03.06.2022, nothing further survives in this
original petition. Hence, the original petition is closed.
Sd/-
C.S.DIAS
Judge
NR/06/07/2022
O.P.(C)No.588 of 2022
APPENDIX
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN THE SUIT, OS NO 16
OF 2016 ON THE FILES OF THE IIND ADDITIONAL
SUBORDINATE JUDGES COURT, KOZHIKODE
Exhibit P2 TRUE COPY OF THE COMMISSION REPORT IN FDIA NO
1702 OF 2016 IN OS NO 16 OF 2016 ON THE FILES
OF THE IIND ADDITIONAL SUBORDINATE JUDGES
COURT, KOZHIKODE
Exhibit P3 TRUE COPY OF THE JUDGMENT LEADING TO FINAL
DECREE DATED 10-4-2018 IN FDIA NO 1702 OF 2016
IN OS NO 16 OF 2016 ON THE FILES OF THE IIND
ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE
Exhibit P4 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S. NO.
40 OF 2019 ON THE FILES OF THE DISTRICT
COURT-IV, KOZHIKODE
Exhibit P5 TRUE COPY OF THE STAY APPLICATION, IA NO 2978
OF 2019 IN A.S. NO. 40 OF 2019 ON THE FILES OF
THE DISTRICT COURT-IV, KOZHIKODE
Exhibit P6 TRUE COPY OF THE EP NO. 191 OF 2019 ON THE
FILES OF IST ADDITIONAL SUB COURT, KOZHIKODE
Exhibit P7 TRUE COPY OF THE IA NO 2 OF 2021 FILED BY THE
PETITIONERS IN A.S. NO. 40 OF 2019 ON THE FILES
OF THE DISTRICT COURT-IV, KOZHIKODE PRAYING FOR
RE-ADMISSION OF APPEAL
Exhibit P8 TRUE COPIES OF COMMISSION REPORT DATED 2-3-2022
ON THE FILES OF THE ADDITIONAL SUB COURT,
KOZHIKODE, ALONG WITH A PLAN OF SURVEYOR AND
SKETCH
Exhibit P9 TRUE COPY OF THE SAID ORDER DATED 10.03.2022
PASSED IN E.P. NO. 191 OF 2019 IN F.D.I.A NO.
1702 OF 2017 IN O.S. NO. 16 OF 2016 ON THE
FILES OF ADDITIONAL SUB COURT-I, KOZHIKODE
Exhibit P10 A TRUE COPY OF ADVANCE PETITION, IA NO 1 OF
2022 IN IA NO 2 OF 2021 IN AS NO 40 OF 2019 ON
THE FILES OF DISTRICT COURT, IV, KOZHIKODE
O.P.(C)No.588 of 2022
Exhibit P11 A TRUE COPY OF STAY PETITION, IA NO 2 OF 2022
IN IA 2 OF 2021 IN AS NO 40 OF 2019 ON THE
FILES OF DISTRICT COURT, IV, KOZHIKODE
Exhibit P12 TRUE COPY OF THE APPLICATION, E.A. NO. 446 OF
2022 IN EP NO. 191 OF 2019 IN F.D.I.A NO. 1702
OF 2017 IN O.S. NO. 16 OF 2016 ON THE FILES OF
ADDITIONAL SUB COURT-I, KOZHIKODE
