Balakrishna Pillai vs Saraswathy Vidhyanikethan
2023 Latest Caselaw 2132 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
    WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
                        OP(C) NO. 2549 OF 2022
        AGAINST THE ORDER IN AS 11/2022 OF SUB COURT,KATTAPPANA


PETITIONER:

             BALAKRISHNA PILLAI
             AGED 61 YEARS
             S/O LATE KARUNAKARA PILLAI RESIDING AT MECHERITHAZHE
             HOUSE AMARAVATHI KARA, KUMILY VILLAGE, PEERUMEDU TALUK,
             IDUKKI DISTRICT, PIN - 685509

             BY ADVS.
             VARGHESE C.KURIAKOSE
             SUSANTH SHAJI
             ALBIN A. JOSEPH
             AMRITHA.J

RESPONDENTS:

    1        SARASWATHY VIDHYANIKETHAN
             AGED 52 YEARS
             SCHOOL, 1ST MILE ATTAPPALLAM P.O., KUMILY, REPRESENTED
             BY ITS PRESIDENT V.BABU, AGED 52 YEARS, S/O NARAYANAN,
             RESIDING AT VALIPLACKAL HOUSE, ATTAPPALLAM P.O., KUMILY
             VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685509

    2        SHIBU
             AGED 35 YEARS
             S/O THANKAPPAN, MANAGER, SARASWATHY VIDHYANIKETHAN
             SCHOOL, 1ST MILE, ATTAPPALLAM P.O., KUMILY, RESIDING AT
             MARIYIL HOUSE, ATTAPPALLAM P.O., KUMILY VILLAGE,
             PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685509

    3        UNNIKRISHNAN
             AGED 67 YEARS
             S/O KUNJUKUTTAN PILLAI, PULICKAL HOUSE, KUMILY P.O.,
             KUMILY VILLAGE, PEERMADE TALUK IDUKKI DISTRICT, PIN -
             685509

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2549 OF 2022            2




               Dated this the 8th day of February, 2023

                              JUDGMENT

The original petition is filed to direct the Court of

the Subordinate Judge, Kattappana, to consider and

dispose of A.S. No. 11/2022 within a time frame.

2. Sri.Varghese C. Kuriakose, the learned counsel

appearing for the petitioner submits that the court below

has disposed of the appeal.

In view of the above submission, I hold that nothing

further survives in the original petition. Hence, the

original petition is dismissed infructuous.

Sd/-

C.S.DIAS, JUDGE

mtk 8/2/23

APPENDIX OF OP(C) 2549/2022

PETITIONER EXHIBITS

Exhibit P1 EXT.P1: TRUE PHOTOSTAT COPY OF THE APPEAL MEMORANDUM AS A.S.NO.11/2022 ON THE FILES OF SUB COURT KATTAPPANA DATED 31.03.2022

Exhibit P2 TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 31.01.2022. IN O.S.NO.95/2015 ON THE FILES OF MUNSIFF'S COURT PEERMADE

Exhibit P3 TRUE PHOTOSTAT COPY OF THE EXECUTION PETITION AS E.P.NO.15/2022 IN O.S.NO.95/2015 ON THE FILES OF ON THE FILES OF MUNSIFF'S COURT PEERMADE DATED03.03.2022