Jose vs Jacob @ Chakkoru
2023 Latest Caselaw 3750 Ker

OP(C) NO. 3078 OF 2014              1

                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. 3078 OF 2014
         OS 140/1978 OF I ADDITIONAL SUB COURT, THRISSUR
PETITIONER/S:

          JOSE
          AGED 67 YEARS
          S/O. PALU, CHALSSERY HOUSE, EAST FORT, THRISSUR.
          BY ADV SRI.LINDONS C.DAVIS


RESPONDENT/S:

    1     JACOB @ CHAKKORU
          AGED 81 YEARS
          S/O. CHALISSERY VETTAN LONAPPAN, CHALISSERY HOUSE,
          PANAMUKKU, CHIYYARAM P.O, THRISSUR - 680 026.
    2     KURIAKOSE
          S/O. CHALISSERY VETTAN LOANAPPAN, CHALISSERY HOUSE,
          PANAMUKKU, CHIYYARAM P.O., THRISSUR - 680 026.
          BY ADVS.
          M/S.VARGHESE & JACOB
          SMT.PRABHA R.MENON
          SMT.PRABHA R.MENON
          SRI.VIVEK VARGHESE P.J.
          SRI.VARUGHESE M EASO


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 3078 OF 2014           2



                         JUDGMENT

The original petition is filed challenging Ext.P4 order

passed in I.A. No.4328/2014 in O.S.No.140/1978 by the

Court of the I Additional Subordinate Judge, Thrissur.

Although this Court admitted the original petition on

20.12.2014, no interim order has been passed. At this

distance of time, i.e. after a lapse of nine years, I am

definitely of the view that the suit itself has been disposed

of by the court below. Thus, I hold that this original

petition has become infructuous. Resultantly, the original

petition is dismissed as infructuous.

Sd/-

C.S.DIAS, JUDGE okb/29.3.23 //True copy// P.S. to Judge