K.Sadasivan vs Smitha
2023 Latest Caselaw 2022 Ker

OP(C) NO. 14 OF 2022                 1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                          OP(C) NO. 14 OF 2022
                 OS 66/2021 OF SUB COURT,NEYYATTINKARA


PETITIONER/S:

            K.SADASIVAN
            AGED 69 YEARS
            S/O.KUMARA PILLAI, K.S.NIVAS, KUNNATHUKAL VILLAGE,
            NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 121.

            BY ADVS.
            V.G.ARUN (K/795/2004)
            V.JAYA RAGI
            R.HARIKRISHNAN (KAMBISSERIL)
            NEERAJ NARAYAN


RESPONDENT/S:

    1       SMITHA
            AGED 41 YEARS
            W/O.LATE SANTHOSHKUMAR, 'SWATHI, VIVEKANDA NAGAR,
            PARASALA POST OFFICE, PARASALADESOM, PARASALA VILLAGE,
            NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 121.

    2       AMBUJAM
            AGED 76 YEARS
            W/O.KUMARASESAN ASHARI, 'SWATHI', VIVEKANDA NAGAR,
            PARASALA POST OFFICE, PARASALADESOM, PARASALA VILLAGE,
            NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 121.

    3       ABHIRAMI S.SANTOSH
            AGED 22 YEARS
            D/O.LATE SANTHOSHKUMAR, 'SWATHI', VIVEKANDA NAGAR,
            PARASALA POST OFFICE, PARASALADESOM, PARASALA VILLAGE,
            NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 121.
 OP(C) NO. 14 OF 2022              2


    4     VISHNANVI S.SANTOSH
          AGED 19 YEARS
          D/O.LATE SANTHOSHKUMAR, 'SWATHI', VIVEKANDA NAGAR,
          PARASALA POLICE OFFICE, PARASALADESOM, PARASALA
          VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695
          121.
          BY ADV J.G.SYAMNATH


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 14 OF 2022            3


                         JUDGMENT

The learned counsel appearing for the petitioner

submits that the subject matter in dispute between the

parties has been settled out of court. Therefore, the

petitioner is no longer desirous of prosecuting this original

petition. Nontheless, as this Court, by interim order dated

06.01.2022, has restrained the alienation of the petition

scheduled property until further orders and the same has

been communicated to the jurisdictional Sub-Registry

Office and Village Office, the said order may also be lifted

and this judgment may be communicated to the above

authorities. The above submission is recorded.

In the light of the above submission, the original

petition is dismissed as withdrawn. Consequentially, the

interim order of attachment dated 06.01.2022 is lifted.

The Registry is directed to communicate this judgment to

the above statutory authorities.

Sd/-

C.S.DIAS, JUDGE okb/3.2.23 //True copy// P.S. to Judge