Kolathumkunnummal Kunhekkan vs Ganapathikandy Kunhiraman
2023 Latest Caselaw 11624 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
                        OP(C) NO. 1659 OF 2023
        AGAINST THE ORDER IN I.A.NO.1/2022 DATED 26.06.2023 IN
  A.S.NO.39/2022 BEFORE THE SUBORDINATE JUDGES COURT, KOYILANDY


PETITIONERS/PETITIONERS/APPELLANTS:

    1       KOLATHUMKUNNUMMAL KUNHEKKAN
            S/O. KANIYAN, AGED 68 YEARS, COOLIE,
            KUNNATH KUNIYIL HOUSE, AMSOM, KALLODE DESP,
            QUILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673305
    2       KOLATHUMKUNNUMMAL NARAYANI
            AGED 63 YEARS, D/O. RAMAN, KUNNOTH KUNIYIL HOUSE,
            ERAVATTOR AMSOM, KOZHIKODE DISTRICT, PIN - 673305
            BY ADVS.
            TINU T.JOSEPH
            B.N.SHIVSANKAR


RESPONDENTS/RESPONDENTS/RESPONDENTS:

    1       GANAPATHIKANDY KUNHIRAMAN
            S/O. KUNHIRAMUNNI, AGED 63 YEARS, NURSING ASSISTANT,
            ERAVATTOR AMSOM, KALLODE DESOM, QUILANDY TALUK,
            KOZHIKODE DISTRICT, PIN - 673325
    2       THEKKEDATH VIJITHA
            D/O. KUNHIRAMAN, AGED 52 YEARS, TEACHER,
            GANAPATHIKANDI HOUSE, ERAVATTOR AMSOM,
            KOZHIKODE DISTRICT, PIN - 673524
            BY ADVS.
            K.MOHANAKANNAN
            D.S.THUSHARA(K/76/2010)



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No. 1659 of 2023
                                        2


                               JUDGMENT

Dated this the 14th day of November, 2023

This original petition (civil) has been filed

under Article 227 of the Constitution of India to set aside

order in I.A. No.1/2022 dated 26.06.2023 in A.S.

No.39/2022 on the files of the Court of the Subordinate

Judge, Koyilandy and to condone delay of 684 days in

filing the appeal.

2. The learned counsel for the petitioners who

filed R.S.A. No.613 of 2023 would submit that, this

original petition (civil) is not pressed, in view of the filing

of the regular second appeal.

Recording the submission, this original petition

(civil) stands dismissed as not pressed.

Sd/-

A. BADHARUDEEN SK JUDGE O.P.(C) No. 1659 of 2023

APPENDIX OF OP(C) 1659/2023

PETITIONERS' EXHIBITS :

Exhibit P1 TRUE COPY OF THE I.A. NO. 1/2022 IN A.S.NO.39/2022 DATED 10/8/2022 SUBORDINATE JUDGES COURT KOYILANDY.

Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED IN I.A. I NO.1/2022 DATED 9/1/2023. SUBORDINATE JUDGES COURT KOYILANDY.

Exhibit P3 TRUE COPY OF THE IMPUGNED ORDER IN THE I.A 1/22 IN A.S.NO.39/2022 DATED 26/6/2023 SUBORDINATE JUDGES COURT KOYILANDY.

RESPONDENTS' EXHIBITS : NIL