Joy Xavier vs Hamza Sahib
2022 Latest Caselaw 9068 Ker

OP(C) NO. 302 OF 2016
                                 1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
   WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       OP(C) NO. 302 OF 2016
     AGAINST THE ORDER IN I.A.1988/2013 IN O.S 92/1976 OF
                   ADDITIONAL SUB COURT, PALAKKAD
PETITIONER:

          JOY XAVIER
          AGED 44 YEARS
          S/O. K.XAVIER, VADAKKANCHERRY, ALATHUR TALUK,
          PALAKKAD.

          BY ADV SRI.B.KRISHNA MANI



RESPONDENTS:

    1     HAMZA SAHIB
          S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
          TALUK, PALAKKAD-678683.

    2     ALIYAR SAHIB
          S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
          TALUK, PALAKKAD-678683.

    3     MUHAMMED IBRAHIM
          S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
          TALUK, PALAKKAD-678683.

    4     MUHAMMED HANEEFA
          S/O. MOIDEENKUTTY HAJI, KIZHAKKANCHERRY, ALATHUR
          TALUK, PALAKKAD-678683.

    5     DR. FRANCIS
          VANNAMPARAMBIL, VADAKKANCHERRY, ALATHUR TALUK,
          PALAKKAD DISTRICT, PALAKKAD-678683.

    6     KUDUKASERI VEETTIL ANNAMMA
          VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT-
          678683.
 OP(C) NO. 302 OF 2016
                                 2

    7       KOCHUTHRESSIA
            VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT-
            678683.

    8       MERI
            W/O. JECOB, VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD-
            678683.


     THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 302 OF 2016
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                        JUDGMENT

The original petition is filed, challenging Ext.P5 order

passed by the Court of the Subordinate Judge (Additional),

Palakkad. Even though this original petition was filed as

early as on 21.12.2015, the same has not been admitted

and no interim order has been passed.

2. When the original petition came up for

consideration on 25.7.2022, this Court had called for a

report from the Court of the Subordinate Judge, Palakkad,

to ascertain the status and position of O.S.92/1976. It is

reported that the suit itself was decreed. The same was

challenged before this Court in A.S.338/1996. This Court

had set aside the judgment and decree in O.S.92/1976 and

remanded the matter back to the trial court for fresh

consideration. Thereafter, the suit was decreed. At

present, FDIA 1115/84 is pending consideration and it is

posted for objection,if any, on the commission report to OP(C) NO. 302 OF 2016

26.7.2022.

In the light of the report of the learned Subordinate

Judge, Palakkad, I am of the view that nothing further

survives in this original petition. Therefore, without

prejudice to the right of the petitioner to challenge any

subsequent orders passed in the above application, this

original petition is dismissed.

Sd/-

                                      C.S.DIAS
ma/27.7.2022                          JUDGE
 OP(C) NO. 302 OF 2016


                  APPENDIX OF OP(C) 302/2016

PETITIONER EXHIBITS

EXHIBIT P1- TRUE COPY OF THE JUDGMENT DATED 24-2-2002 IN OS.NO. 92/1976 BEFORE THE SUB COURT, PALAKKAD.

EXHIBIT P2- TRUE COPY OF THE COMMISSION REPORT DATED 4-3-2012 IN OS. 92/1976 BEFORE THE SUB COURT, PALAKKAD.

EXHIBIT P3- TRUE COPY OF THE APPLICATION, I.A.1988/2013 IN O.S. 92/1976 BEFORE THE SUB COURT, PALAKKAD DATED 17-6-2013.

EXHIBIT P4- TRUE COPY OF THE OBJECTION DATED 26-6-2013 IN I.A.1988/2013 IN O.S. 92/1976 BEFORE THE SUB COURT, PALAKKAD.

EXHIBIT P5- TRUE COPY OF THE ORDER DATED 1-7-2014 IN I.A. 1988/2013 IN O.S.92/1976 BEFORE THE SUB COURT, PALAKKAD.