Jomon Scaria vs B Krishnakumar
2024 Latest Caselaw 9175 Ker

Kerala High Court

Jomon Scaria vs B Krishnakumar on 3 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                      OP(C) NO. 2230 OF 2023
   IN CMA NO.33 OF 2021 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
ARISING OUT OF THE ORDER/JUDGMENT DATED 05.10.2021 IN OS NO.464 OF
           2013 OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA
PETITIONERS/APPELLANTS:

    1     JOMON SCARIA
          AGED 50 YEARS
          S/O SCARIA,KALATHIL
          HOUSE,KOMANA,AMBALAPPUZHA,ALAPPUZHA, PIN - 688007.

    2     JOOSAMMA JOMON
          AGED 45 YEARS
          W/O JOMON SCARIA,KALATHIL
          HOUSE,KOMANA,AMBALAPPUZHA,ALAPPUZHA, PIN - 688007.

          BY ADV K.C.SUDHEER


RESPONDENTS/RESPONDENTS:

    1     B KRISHNAKUMAR
          AGED 60 YEARS
          S/O BALAKRISHNA PILLAI,KALATHIL CHIRAYIL
          HOUSE,KARUMADY,THAKAZHI,AMBALAPPUZHA,ALAPPUZHA.,
          PIN - 688007.

    2     JOSEPH PHILIPOSE
          AGED 70 YEARS
          S/O JOSEPH,KALATHIL CHIRAYIL
          HOUSE,KARUMADY,THAKAZHI,AMBALAPPUZHA,ALAPPUZHA,
          PIN - 688007.

    3     LEELAMMA
          AGED 70 YEARS
          W/O JOSEPH PHILIPOSE,KALATHIL CHIRAYIL
          HOUSE,KARUMADY,THAKAZHY,AMABALAPPUZHA,ALAPPUZHA.,
          PIN - 688007.

          BY ADVS.
          K.S.HARIHARAPUTHRAN
          PINKU MARIAM JOSE(K/749/2015)
          ANIL KUMAR T.P.(K/001028/2021)
 OP(C) NO. 2230 OF 2023           2




      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2230 OF 2023                3


                               JUDGMENT

The learned counsel appearing for the petitioners submit

that the matter has been settled between the parties and the

Original Petition is not pressed. Accordingly, this Original

Petition is dismissed as not pressed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Sru

APPENDIX OF OP(C) 2230/2023

PETITIONER EXHIBITS Exhibit -P1 COPY OF PLAINT IN OS NO 464/2013 DATED 16/7/2013 OF MUNISIFF COURT ALAPPUZHA.

Exhibit -P2 COPY OF IA NO 91/2020 DATED 8/10/2020 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit-P 3 COPY OF IA NO 1 /2020 DATED 8/10/2020 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit-P 4 COPY OF SALE DEED NUMBER 1422/2013 DATED 10/6/2013 OF SRO AMBALAPPUZHA.

Exhibit -P5 COPY OF SALE DEED NUMBER 1421/2013 DATED 10/6/2013 OF SRO AMBALAPPUZHA.

Exhibit -P6 COPY OF SALE DEED NUMBER 2277/1997 DATED 29/9/1997 OF SRO AMBALAPPUZHA.

Exhibit -P7 . COPY OF DECREE DATED 26/8/2017 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit -P8 COPY OF COMMISSION REPORT DATED 5/8/2013 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit -P9 COPY OF ORDINARY DECISION NUMBER 8(1) DATED 11/2/2021 OF THAKAZHI GRAMA PANCHAYATH.

Exhibit -P10 COPY OF JUDGEMENT DATED 26/8/2017 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit -P11 COPY OF ORDER IN IA NO 91 /2020 DATED 5/10/2021 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit -P12 COPY OF ORDER IN IA NO 1 /2020 DATED 5/10/2021 IN OS NO 464/2013 OF MUNSIFF COURT ALAPPUZHA.

Exhibit -P13 COPY OF CMA NO 33 /2021 FILED BEFORE THE HONOURABLE DISTRICT JUDGES COURT ALAPPUZHA DATED 8/11/2021.

Exhibit-P 14 CERTIFIED COPY OF ORDER IN CMA NO 33 /2021 OF HONOURABLE DISTRICT JUDGES COURT ALAPPUZHA. DATED 22/8/2023