Puthan Vilayil Joseph vs Kunhayisha
2022 Latest Caselaw 10819 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                         OP(C) NO. 4124 OF 2012
               OS 319/2004 OF MUNSIFF COURT, THALIPARAMBA
PETITIONERS:

    1     PUTHAN VILAYIL JOSEPH
          S/O. MARKOSE

    2     CLARAMMA JOSEPH
          W/O. JOSEPH, BOTH ARE RESIDING AT PALLITHATTU, NEW
          NADUVIL AMSOM, NADUVIL DESOM, THROUGH THEIR POWER OF
          ATTORNEY HOLDER V.M. MATHEW S/O.MATHAI, AGED 58 YEARS,
          NADUVIL AMSOM AND DESOM.

          BY ADV SRI.MAHESH V RAMAKRISHNAN



RESPONDENTS:

    1     KUNHAYISHA

    2     P.P. SHARAFUDHEEDN

    3     P.P. SHAMSUDHEEN

    4     P.P. ABDUL RAHMAN

    5     P.P. SHAHINA

    6     P.P. SOUDABI

    7     P.P. ABDUL SAMAD

    8     P.P. SHEBEER
          RESPONDENTS NOS. 1 TO 8 ARE RESIDING AT TALIPARAMBA
          AMSOM AND TRICHAMBARAM DESOM, KANNUR-670141

    9     ASSISTANT EXECUTIVE ENGINEER
          PWD ROADS SECTION TALIPARAMBA, KANNUR-671141.

    10    ASSISTANT ENGINEER
 O.P (C) NO.4124 OF 2012                2

             PWD ROADS SECTION, TALIPARAMBA KANNUR-671141.

   11        KANNUR DISTRICT COLLECTOR
             COLLECTORATE, KANNUR-1.

   12        P.P. MUSTHAFFA
             S/O. LATE KHADERKUTTY, TALIPARAMBA AMSOM AND
             TRICHAMBARAM DESOM, KANNUR-670141.

   13        P.P. KHADEEJA
             D/O. LATE KHADERKUTTY, TALIPARAMBA AMSOM AND
             TRICHAMBARAM DESOM, KANNUR-670141.


     THIS     OP   (CIVIL)    HAVING       COME   UP    FOR    ADMISSION   ON
21.10.2022,     THE   COURT    ON   THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P (C) NO.4124 OF 2012             3



                Dated this the 21st day of October, 2022

                             JUDGMENT

The original petition is filed challenging Ext.P3 order

passed by the court of the Munsiff, Taliparamba in I.A.

No.1377/2009 in O.S.No.319/2004 and Ext.P4 judgment

passed by the Court of the Subordinate Judge, Payyanur in

CMA No.8/2011. Even though this original petition was filed

as early as on 04.12.2012, this Court has not passed any

interim order staying further proceedings in the suit.

At this distance of time, I am of the view that nothing

further survives in this original petition. In the result,

without prejudice to the right of the petitioners to challenge

any subsequent orders passed in the suit, this original

petition is dismissed as infructuous.

Sd/-

C.S.DIAS, JUDGE

rmm21/10/2022