Johny vs Palanisamy
2023 Latest Caselaw 4035 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        OP(C) NO. 334 OF 2015
         O.S NO.249/2010 OF THE MUNSIFF COURT, DEVIKULAM
PETITIONERS:

    1     JOHNY
          AGED 62 YEARS
          S/O.VARKEY, PUTHENPURAKKAL HOUSE,THOKKUPARA KARA,
          KUNCHITHANNI VILLAGE, DEVIKULAM TALUK.

    2     PHILOMINA
          AGED 52 YEARS
          W/O JOHNY, PUTHENPURAKKAL HOUSE, THOKKUPARA KARA,
          KUNCHITHANNI VILLAGE, DEVIKULAM TALUK.

          BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENT:

          PALANISAMY
          S/O P.SUBRAMANIANM, DOOR NO. 25, TVS NAGAR,
          FB COLONYM, COIMBATORE-24


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 334 OF 2015               2



                Dated this the 30th 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.249/2010 to the Munnar Special

Tribunal.

2. When the original petition came up for

consideration on 27.3.2023, this Court had called for a

report from the court below to ascertain the status of the

suit.

3. The learned Munsiff, Devikulam has informed this

Court that, O.S No.249/2010 was transferred to the

Munnar Special Tribunal and re-numbered as MTOP

No.117/2014. After the abolishment of the Tribunal, the

suit was re-transferred to the court below and re-

numbered as O.S.No.109/2019. But, the suit was

dismissed as not pressed on 12.4.2019.

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.

Sd/-

C.S.DIAS, JUDGE

rmm30/3/2023