Citation : 2023 Latest Caselaw 3734 Ker
Judgement Date : 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
OP(C) NO. 451 OF 2015
O.S. NO.317/2001 OF THE MUNSIFF COURT, DEVIKULAM
PETITIONERS:
1 P.A JOSEPH
AGED 55, S/O.ANTHAPPAN, RESIDING AT MOHAMMADALI COLONY,
NADIAR ROAD, MUNNAR.P.O.,KDH VILLAGE,
IDUKKI DISTRICT.
2 MOLLY JOSEPH W/O.P.A.JOSEPH
RESIDING AT MOHAMMADALI COLONY, NADIAR ROAD,
MUNNAR.P.O.,KDH VILLAGE, IDUKKI DISTRICT
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENT:
TATA TEA LTD
A PUBLIC LIMITED COMPANY INCORPORATED WITH ITS
REGISTERED OFFICE AT 1,BISHOP LEFROY ROAD,CALCUTTA, AND
HAVING ITS REGIONAL OFFICE AT MUNNAR,KDH VILLAGE,
REPRESENTED BY GENERAL MANAGER AND POWER OF ATTORNEY
HOLDER B.VIJAYAKUMAR, S/O.BHASKARA PILLAI, TATA TEA
LIMITED, MUNNAR, KDH VILLAGE, DEVIKULAM TALUK-673001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 451 OF 2015 2
Dated this the 29th day of March, 2023
JUDGMENT
The original petition is filed to set aside the order
passed by the Court of the Munsiff, Devikulam, ordering
the transfer of O.S No.317/2001 to the Munnar Special
Tribunal
2. When the original petition came up for
consideration on 23.3.2023, this Court had called for a
report from the court below to ascertain the status of the
suit.
3. It has been communicated by the court below that,
O.S No.317/2001 was transferred to the Munnar Special
Tribunal and re-numbered as MST No.59/2011. However,
on the abolishment of the Tribunal, the suit was re-
transferred to the court below and re-numbered as O. S
No.279/2019. Now, the suit stands posted to 9.6.2023 for
the stay report.
4. In the light of the above communication, I hold
that the original petition has become infructuous.
Resultantly, the original petition is dismissed as
infructuous. The Registry is directed to communicate
this judgment to the court below for the purpose of
proceeding with the suit, in accordance with law.
Sd/-
C.S.DIAS, JUDGE
rmm29/3/2023
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