Madayi Thiruvarkatt Devaswom vs Sree Narayana Education And ...
2023 Latest Caselaw 11698 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        O.P.(C) NO.2403 OF 2023

AGAINST THE ORDER DATED 02.11.2022 IN I.A.        NO.2/2022   IN   O.S.
NO.339/2015 OF MUNSIFF COURT, THALIPARAMBA.
PETITIONER/PETITIONER/PLAINTIFF:

          MADAYI THIRUVARKATT DEVASWOM,
          REPRESENTED BY EXECUTIVE OFFICER,
          CHIRAKKAL KOVILAKAM DEVASWOM, K. VENU,
          AGED 55 YEARS, S/O. PADMANABHAN NAIR,
          'SREEKRISHNA', MEETHALE VAYALIL,
          NADUVATHOOR P.O., KOYILANDI, KOZHIKODE,
          CHIRAKKAL KOVILAKAM DEVASWOM OFFICE,
          CHIRACKAL P.O., KANNUR DISTRICT, PIN-670 011.

          BY ADVS.
          MATHEW KURIAKOSE
          G.GIREESH
          K.R.ARUN
          T.G.SUNIL (PERUMBAVOOR)
          J.KRISHNAKUMAR (ADOOR)
          C.N.PRAKASH
          MONI GEORGE


RESPONDENTS:

    1     SREE NARAYANA EDUCATION AND CHARITABLE SOCIETY
          REPRESENTED BY ITS PRESIDENT,
          REG. NO. S. 203/2004, MADAYI AMSOM DESOM,
          PAZHAYANGADI R.S. P.O., KANNUR, PIN-670 358.

    2     SECRETARY,
          SREE NARAYANA EDUCATION AND CHARITABLE SOCIETY,
          REG. NO. S. 203/2004, MADAYI AMSOM DESOM,
          PAZHAYANGADI R.S. P.O., KANNUR DISTRICT, PIN-670 358.

  R1&R2   ADV. JAYAKUMAR NAMBOODIRI T.V.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                              -2-
O.P.(C) NO.2403 OF 2023




                          JUDGMENT

Dated this the 16th day of November, 2023

Petitioner filed a memo seeking to withdraw

the above Original Petition, with liberty to file

a fresh one, for the reason that the impugned

order produced therein was not the order about

which the petitioner is actually aggrieved with.

Permission granted.

The Original Petition is disposed of as not

pressed.

Sd/-

C. JAYACHANDRAN JUDGE bpr

O.P.(C) NO.2403 OF 2023

APPENDIX OF OP(C) 2403/2023

PETITIONER'S EXHIBITS

Exhibit P 1 TRUE COPY OF THE PLAINT IN O.S. NO.

339/2015 ON THE FILES OF THE MUNSIFF'S COURT, TALIPARAMBA.

Exhibit P 2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS/ DEFENDANTS IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT, TALIPARAMBA.

Exhibit P 3 TRUE COPY OF THE COMMISSION REPORT AND ROUGH SKETCH DATED 23.07.2015 SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA.

Exhibit P 4 TRUE COPY OF THE REPORT DATED 23.02.2022 SUBMITTED BY THE ADVOCATE COMMISSIONER WITH THE SKETCH PREPARED BY THE TALUK SURVEYOR, PAYYAVOOR IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA.

Exhibit P 5 TRUE COPY OF THE AFFIDAVIT AND APPLICATION IN I.A. NO. 2/2022 IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA.

Exhibit P 6 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENTS/ DEFENDANTS IN I.A. NO. 2/2022 IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA.

Exhibit P 7 TRUE COPY OF THE ORDER DATED 02.11.2022 IN I.A. NO. 2/2022 IN O.S. NO. 339/2015 ON THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA.