Jojy Scaria vs Chacko Thomas
2022 Latest Caselaw 7049 Ker

OP(C) NO. 2831 OF 2016
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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                      OP(C) NO. 2831 OF 2016
AGAINST THE ORDER/JUDGMENT IN OS 246/2010 OF MUNSIFF COURT,
                          CHANGANACHERRY
PETITIONER/S:

         JOJY SCARIA
         AGED 39 YEARS
         AGED 39, ADVOCATE, S/O. SCARIA THOMAS,
         VETTUKUZHIYIL HOUSE, VAZHAPALLY VILLAGE,
         CHANGANACHERY TALUK, KOTTAYAM DISTRICT, NOW
         RESIDING AT 86, LAWYERS CHAMBER, SUPREME COURT,
         NEW DELHI.

         BY ADVS.
         SRI.G.SREEKUMAR (CHELUR)
         SRI.ALEX.M.SCARIA
         SMT.SARITHA THOMAS



RESPONDENT/S:

    1    CHACKO THOMAS
         AGED 64 YEARS
         AGED 64, S/O. THOMA, VETTUKUZHIYIL, VAZHAPALLY
         EAST MURI, VAZHAPALLY EAST VILLAGE, CHANGANACHERY
         TALUK.

    2    MANJU THOMAS
         AGED 37 YEARS
         AGED 37, W/O. THOMAS SCARIA, REP.BY ITS POWER OF
         ATTORNEY HOLDER SCARIA THOMAS, VETTUKUZHIYIL,
         VAZHAPALLY EAST MURI,VAZHAPALLY EAST VILLAGE,
         CHANGANACHERY TALUK.

    3    ANTONY THOMAS
         AGED 60 YEARS
         AGED 60, S/O. THOMA, VETTUKUZHIYIL, KURISUMMOODU
         P.O., CHANGANACHERY TALUK.
 OP(C) NO. 2831 OF 2016
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    4       JESSY MANOJ
            AGED 42 YEARS
            AGED 42, D/O. SCARIA THOMAS, VETTUKUZHIYIL
            HOUSE,VAZHAPALLY VILLAGE, CHANGANACHERY TALUK,
            KOTTAYAM DISTRICT, NOW RESIDING AT JESSY MANOJ,
            CARMEL SCHOOL, KUWAIT, KHAITAN BLOCK 2, AREA-10,
            PO BOX NO.596, SAFAT-13006, KUWAIT.

    5       THOMAS SCARIA
            AGED 41 YEARS
            AGED 41, S/O. SCARIA THOMAS, VETTUKUZHIYIL
            HOUSE,VAZHAPALLY VILLAGE, CHANGANACHERY TALUK,
            KOTTAYAM DISTRICT, NOW RESIDING AT THOMAS SCARIA,
            INFORMATION SYSTEM SPECIALIST, MOHAMMED ABDUL
            RAHMAN, AL BAHAR 144-146, 3RD STREET SHUWAIK,
            INDUSTRIAL KUWAIT CITY, 13002, KUWAIT.

    6       JOBY SCARIA
            AGED 38 YEARS
            AGED 38, S/O. SCARIA THOMAS, VETTUKUZHIYIL
            HOUSE,VAZHAPALLY VILLAGE, CHANGANACHERY TALUK,
            KOTTAYAM DISTRICT, NOW RESIDING AT P.O.BOX NO.594,
            SAFAT 13006, SAFAT, KUWAIT.

            BY ADVS.
            SRI.GEORGE SEBASTIAN
            SRI.JOHNSON K.KURIEN
            SRI.SIJO PATHAPARAMBIL JOSEPH




     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
17.06.2022,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2831 OF 2016
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                         JUDGMENT

The original petition is filed challenging the order

dated 20.10.2016 passed by the Court of the Munsiff,

Changanassery in O.S.No.246/2010 (Ext.P6) holding that

the suit cannot be decided on a preliminary issue

regarding valuation. Even though this original petition

was filed on 10.11.2016, the same has not been

admitted, no interim order has been passed and service

to the respondents 2 and 3 is not complete. I assume

that nothing further survives in this original petition.

Hence, the original petition is dismissed as infructuous.

Sd/-

C.S.DIAS, JUDGE rkc/17.06.22