Susannamma John vs Fr.John Puthen Veetil
2024 Latest Caselaw 13951 Ker

Kerala High Court

Susannamma John vs Fr.John Puthen Veetil on 28 May, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                             &
           THE HONOURABLE MR. JUSTICE P.M.MANOJ
  TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                MAT.APPEAL NO. 441 OF 2023

AGAINST THE ORDER/JUDGMENT DATED 22.03.2023 IN OP NO.303
OF 2014 OF FAMILY COURT, KOTTARAKKARA


APPELLANT/S:

          SUSANNAMMA JOHN,AGED 69 YEARS
          D/O. SALOMI, RESIDING AT PUTHEN VEETIL,
          THEKKUMPURAM MURI,PUTHOOR VILLAGE,
          KOTTARAKARA TALUK, KOLLAM DISTRICT., PIN - 691507

          BY ADV V.A.AJIVAS


RESPONDENT/S:

          FR.JOHN PUTHEN VEETIL, AGED 76 YEARS
          S/O OONNOONNY,RESIDING AT PUTHEN VEETIL,
          THEKKUMPURAM MURI,PUTHOOR VILLAGE,KOTTARAKARA TALUK,
          KOLLAM DISTRICT., PIN - 691507

          SRI MILLU DANDAPANI, FOR PARTY RESP.

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                        2
Mat.Appeal No.441 of 2023




                               JUDGMENT

Raja Vijayaraghavan, J.

Sri. Millu Dandapani, the learned counsel appearing for the respondent,

points out that the appellant herein had earlier filed OP No.149 of 2009 before

the Family Court, Kottarakkara seeking realization of money and gold. The

aforesaid petition was dismissed for default in the year 2009 itself. Much later,

O.P.No.303 of 2014 was instituted before the Family Court seeking the very

same reliefs. The said petition was dismissed by the Family Court, against

which, Mat.Appeal No.441 of 2023 has been filed. The Learned Counsel points

out that during the pendency of this appeal, the petitioner herein has

approached the Family Court and filed an application for restoring OP No.149 of

2009. According to the learned counsel, in that view of the matter, O.P.

No.303 of 2014 as well as the Mat. Appeal filed challenging its dismissal cannot

be maintained.

2. Faced with the said submission, Sri.Ajivass V.A., the counsel

appearing for the appellant submits that the appellant is not pressing the reliefs

sought for in Mat.Appeal No.441 of 2023 and he seeks to withdraw this appeal.

Mat.Appeal is dismissed as withdrawn.

sd/-

RAJA VIJAYARAGHAVAN V JUDGE

sd/-

P.M.MANOJ JUDGE

das

APPENDIX OF MAT.APPEAL 441/2023

RESPONDENT ANNEXURES

Annexure R1(a) THE TRUE COPY OF THE AFFIDAVIT ALONG WITH DELAY PETITION FILED BY THE APPELLANT IN OP NO 149/2009 BEFORE THE HON'BLE FAMILY COURT, KOTTARAKKARA DATED 4.01.2024 TO RESTORE THE ORIGINAL PETITION