The High Court of Kerala dismissed an original petition as infructuous because the lower court had already disposed of the underlying application prior to the date of hearing in this petition.
The petition was dismissed as infructuous due to the antecedent disposal of the matter by the lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2016/12TH KARTHIKA, 1938
OP(C).No. 2103 of 2016 (O)
IA.NO.542/2016 IN OS 109/2016 of MUNSIFF COURT, MAVELIKKARA
PETITIONER(S):
SANTHOSH KUMAR,
AGED 41 YEARS, S/O.JAGADEESAN NAIR, NALLAVEETTIL HOUSE, KARIMULACKAL MURI, CHUNAKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.SHAJ
RESPONDENTS:-:
1. SURESH KUMAR, S/O.LATE VISWANATHAN NAIR, NALLAVEETTIL HOUSE, KARIMKULACKAL MURI, CHUNAKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT-690014.
2. SUDHA DEVI, D/O.LATE VISWANATHAN NAIR, NALLAVEETTIL HOUSE, KARIMKULACKAL MURI, CHUNAKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT-690014.
3. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, ALAPPUZHA-688002.
4. THE ADDITIONAL TAHSILDAR, MAVELIKARA TALUK, ALAPPUZHA DISTRICT - 690 101.
R1 & 2 BY ADVS. SRI.S.VINOD BHAT
SRI.R.PADMAKUMAR SRI.LEGITH T.KOTTAKKAL R3 & 4 BY GOVERNMENT PLEADER SRI.M.I.JOHNSON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
K. RAMAKRISHNAN, J.
O.P.(C).No.2103 of 2016
Dated this the 3rd day of November, 2016.
JUDGMENT
The main prayer in the petition itself is to direct the Munsiff, Mavelikkara to expedite the disposal of IA.No.542/2016 in OS.No.109/2016 pending before that court, till then direct the revenue authorities not to proceed with the matter pending before them. It is seen from the report dated 3.11.2016 that IA.No.542/2016 has been disposed of by the court below on 7.10.2016. So the prayer in the petition has become infructuous. Accordingly, the petition is dismissed as infructuous.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
1 issue framed by the court
Whether the petition to expedite disposal of a petition already disposed of by the lower court should be allowed.
Santhosh Kumar
Suresh Kumar
Sudha Devi
The State of Kerala
The Additional Tahsildar, Mavelikkara
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
