Daniel Mesido vs K.Abdul Majeed
2023 Latest Caselaw 3049 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         OP(C) NO. 695 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 8.1.2015 IN IA NOS.2214 AND
2215 OF 2014 IN IA 7865/2012 IN OS 570/2010 AND IA 2216/2014
   AND 2217/2014 IN IA 7866/2012 IN OS 570/2010 OF THE SUB
                              COURT, KOZHIKODE
PETITIONER/S:

             DANIEL MESIDO
             AGED 65 YEARS
             S/O.DAMES MESIDO, KARIMPILPARAMBIL,
             KURUMBRAKATTUSSERY DESOM, KOZHIKODE TALUK.
             BY ADV SRI.JOSE KURIAKOSE (VILANGATTIL)


RESPONDENT/S:

    1        K.ABDUL MAJEED
             S/O.K.ALAVI, KUTTIYIL HOUSE, KALIYATTUPARAMBA,
             4/809, P.O KOZHIKODE BEACH, KALATHILKUNNU AMSOM
             DESOM, KOZHIKODE TALUK.
    2        K.V.RAJEEVAN
             S/O.GOPI, MELEKEEZHILPARAMBA, PANNIYANKARA P.O,
             KALLAI, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK.
             673 032.
             BY ADV SRI.JESWIN P.VARGHESE


     THIS     OP    (CIVIL)    HAVING   COME     UP    FOR    ADMISSION   ON
13.03.2023,     THE    COURT     ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
                                      2
OP(C) No.695 of 2015


                               C.S DIAS,J.
                       ---------------------------
                   OP(C) No.695 of 2015
                      -----------------------------
            Dated this the 13th day of March, 2023.

                              JUDGMENT

The original petition is filed challenging Ext P13

order dated 8.1.2015 passed by the Court of the

Subordinate Judge, Kozhikode.

2. Even though the original petition was filed as

early as on 12.3.2015, this Court has not admitted the

original petition and has not passed any interim order.

Today, when the original petition was taken up for

consideration, the learned counsel appearing for the

petitioner submitted that the petitioner is no more. At

this distance of time, particularly when the legal

representatives of the deceased petitioner have not come

on record, I am of the view that the legal representatives

of the deceased petitioner are no longer desirous of

OP(C) No.695 of 2015

prosecuting the original petition. The original petition is

dismissed as abated.

SD/-

sks/13.3.2023 C.S.DIAS, JUDGE

OP(C) No.695 of 2015

APPENDIX OF OP(C) 695/2015

PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE PLAINT DATED 19.7.10 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P2. COPY OF THE WRITTEN STATEMENT DATED 20.08.10 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P3. COPY OF THE IA 7866/2012 DATED 3.12.12 IN OS 570/2010 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P4. COPY OF IA 7865/2012 DATED 3.12.12 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P5. COPY OF THE IA 2216/14 DATED 2.6.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P6. COPY OF THE IA 2217/2014 DATED 2.6.14 IN OS 570/2010 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P7. COPY OF IA 2214/14 DATED 2.6.14 IN OS 570/2010 ON THE FILE OF THE SUB COURT, KOZHIIKODE.

EXHIBIT P8. COPY OF THE IA 2215/14 DATED 2.6.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P9. COPY OF THE COUNTER IN IA 2216/14 DATED 4.8.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE. EXHIBIT P10.COPY OF THE COUNTER IN IA 2217/14 DATED 4.8.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE. EXHIBIT P11.COPY OF THE COUNTER IN IA 2214/14 DATED 4.8.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE. EXHIBIT P12.COPY OF THE COUNTER IN IA 2215/14 DATED 4.8.14 IN OS 570/10 ON THE FILE OF THE SUB COURT, KOZHIKODE. EXHIBIT P13.COPY OF THE ORDER DATED 8.1.15 IN EXHIBIT P5 TO P8.