Moolayil Geetha vs Mooliyoli Prakasan
2022 Latest Caselaw 10349 Ker

OP(C) NO. 2785 OF 2017
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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                      OP(C) NO. 2785 OF 2017
AGAINST THE ORDER/JUDGMENT IN OS 692/2012 OF I ADDITIONAL SUB
                         COURT, KOZHIKODE
PETITIONER/S:

         MOOLAYIL GEETHA
         AGED 55 YEARS
         AGED 55 YEARS,D/O MOOLIYOLI CHANDAPPAN,THEKKIL
         THODI HOUSE, FEROKE AMSOM,NALLUR DESOM, KOZHIKODE
         TALUK, P.O. FEROKE, PIN 673631.

         BY ADVS.
         SRI.R.SUDHISH
         SRI.P.P.BALAN
         SMT.M.MANJU



RESPONDENT/S:

    1    MOOLIYOLI PRAKASAN
         AGED 59 YEARS
         AGED 59 YEARS,S/O MOOLIYOLI CHANDAPPAN, RESIDING AT
         KOUSTHUBHAM, PADINHATTUMMURI AMSOM, MORIKKARA
         DESOM, KOZHIKODE TALUK,P.O.KAKKODI, PIN 673611.

    2    MOOLIYOLI JAYARAJAN
         AGED 52 YEARS
         AGED 52 YEARS,S/O MOOLIYOLI CHANDAPPAN, RESIDING AT
         MOOLIYOLI, PADINHATTUMMURI AMSOM, MORIKKARA DESOM,
         KOZHIKODE TALUK,P.O.KAKKODI, PIN 673611.

    3    MOOLIYOLI PRAMOD KUMAR, AGED 48 YEARS
         AGED 48 YEARS,S/O MOOLIYOLI CHANDAPPAN, RESIDING AT
         CHEROOL, PADINHATTUMMURI AMSOM, MORIKKARA DESOM,
         KOZHIKODE TALUK,P.O.KAKKODI, PIN 673611.
 OP(C) NO. 2785 OF 2017
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    4       MOOLIYOLI PRADEEPAN
            AGED 46 YEARS
            AGED 46 YEARS,S/O MOOLIYOLI CHANDAPPAN, RESIDING AT
            CHEROOL, PADINHATTUMMURI AMSOM, MORIKKARA DESOM,
            KOZHIKODE TALUK,P.O.KAKKODI, PIN 673611.

    5       KOZHIMANNIL SHEEBA
            AGED 42 YEARS
            AGED 42 YEARS,D/O MOOLIYOLI CHANDAPPAN, ELATHUR
            VILLAGE,RESIDING AT KOZHIMANNIL MOKAVOOR DESOM,
            KOZHIKODE TALUK,P.O. ERANHIKKAL, PIN 673303.

    6       MOOLIYOLI CHANDAPPAN
            AGED 89 YEARS
            AGED 89 YEARS, S/O IMBICHI, CHEROOL,
            PADINHATTUMMURI AMSOM MORIKKARA DESOM, KOZHIKODE
            TALUK,P.O KAKKODI, PIN 673611.REPRESENTED BY COURT
            GUARDIAN VANDANA VENUGOPAL, ADVOCATE KOZHIKODE, PIN
            673032.

            BY ADV SRI.SRINATH GIRISH




     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
07.10.2022,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2785 OF 2017
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                         JUDGMENT

The original petition is filed, challenging the orders

in I.A.No.2529/2016 (Ext.P7) and I.A.No.27/2017 (Ext.P9)

in O.S.No.692/2012 of the Court of the Subordinate

Judge, Kozhikode.

2. The petitioner, who is the plaintiff in the suit, had

sought to transpose the supplemental 6th defendant in the

suit as the supplemental 2nd plaintiff in the suit and to call

for a report from the Psychiatrist to assess the mental

condition of the supplemental 6th respondent.

3. It is conceded by both sides that the supplemental

6th defendant is no more. Therefore, I am of the view that

Exts.P7 and P9 orders have become infructuous.

In the result, the original petition is dismissed as

infructuous, directing the court below to dispose of the

suit untrammelled by any observations in Exts.P7 and P9 OP(C) NO. 2785 OF 2017

orders, in accordance with law, as expeditiously as

possible.

Sd/-

rkc/07.10.22                    C.S.DIAS, JUDGE
 OP(C) NO. 2785 OF 2017



                  APPENDIX OF OP(C) 2785/2017

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE PLAINT IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE DATED 1.10.2012.

EXHIBIT P2 COPY OF THE WRITTEN STATEMENT FILED DEFENDANTS 1,2,3 AND 5 IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE DATED 25.10.2012.

EXHIBIT P3 COPY OF THE PETITION I.A. NO. 2943 OF 2014 IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE DATED 1.8.2014.

EXHIBIT P4 COPY OF THE ORDER OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE IN I.A.NO.1704 OF 2015 IN I.A.NO.2943 OF 2014 IN O.S.NO.692 OF 2012 DATED 18.8.2015.

EXHIBIT P5 COPY OF THE WRITTEN STATEMENT FILED BY THE 6TH DEFENDANT IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE DATED 10.2.2016.

EXHIBIT P6 COPY OF THE PETITION I.A.NO.2529 OF 2016 IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE.

EXHIBIT P7 COPY OF THE ORDER OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE IN I.A.NO.2529 OF 2016 IN O.S.NO.692 OF 2012 DATED 3.11.2016.

EXHIBIT P8 COPY OF THE PETITION I.A.NO.27 OF 2017 IN O.S.NO.692 OF 2012 ON THE FILE OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE DATED 4.1.2017.

EXHIBIT P9 COPY OF THE ORDER OF THE 1ST ADDITIONAL SUBORDINATE COURT, KOZHIKODE IN I.A.NO.27 OF 2017 IN O.S.NO.692 OF 2012 DATED 12.1.2017.