Citation : 2023 Latest Caselaw 4308 Ker
Judgement Date : 31 March, 2023
OP(C) NO. 1319 OF 2015
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
OP(C) NO. 1319 OF 2015
AGAINST THE ORDER/JUDGMENT IN OS 587/2007 OF MUNSIFF COURT
,VADAKKANCHERRY
PETITIONER/S:
1 BHUVANADASAN, AGED 64 YEARS
S/O CHEENIKUNDIL AYYAPPAN, NELLUVAI VILLAGE,
KUTTANCHERY DESOM, TALAPPILLY TALUK
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 RAJENDRAN, S/O CHEENIKUNDIL AYYAPPAN, VARAVOOR
VILLAGE, KUMARAPANAL DESOM, TALAPPILLY TALUK 680 001
2 PRABHAKARAN, S/O CHEENIKUNDIL AYYAPPAN, NELLUVAI
VILLAGE, KUTTANCHERY DESOM, TALAPPILLY TALUK 680 001
3 DHARMARATHANAM, D/O CHEENIKUNDIL AYYAPPAN, NELLUVAI
VILLAGE, KUTTANCHERY DESOM, TALAPPILLY TALUK 680 001
4 SAROJINI, D/O D/O CHEENIKUNDIL AYYAPPAN, NELLUVAI
VILLAGE, KUTTANCHERY DESOM, TALAPPILLY TALUK 680 001
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1319 OF 2015
2
JUDGMENT
The original petition is filed challenging Ext.P5 order
passed in IA No.1864/2014 in OS No.587/2007 by the
Court of the Munsiff, Wadakkanchery.
2. Although this original petition was filed as early
as on 09.06.2015, this Court has not admitted the
original petition and has not passed any interim order.
3. When the original petition came up for
consideration on 28.03.2023, this Court had called for a
report from the court below to ascertain the status of the
suit.
4. It has been communicated by the learned Munsiff
that OS No.587/2007 was decreed on 31.07.2015. The
decree was concurrently confirmed in AS No.12/2016 by
the Lower Appellate Court and in RSA No.235/2018 by
this Court.
5. In the light of the above communication of the OP(C) NO. 1319 OF 2015
learned Munsiff, I hold that nothing further survives in
this original petition.
Resultantly, the original petition is dismissed as
infructuous.
Sd/-
C.S.DIAS JUDGE
rkc/31.03.23
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