The Kerala High Court dismissed an original civil petition as infructuous. The court found the underlying suit settled between parties, rendering the petition no longer maintainable.
Original civil petition dismissed as infructuous.
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.HARILAL
WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938
OP(C).No. 2958 of 2013 (O)
(I.A. No. 2448/13 IN O.S.No.313/09 OF MUNSIFF'S COURT, KOLLAM)
PETITIONER(S):
1. MOHANKUMAR S/O. DAMODARAN PILLAI, SREEKRISHNA VILASOM BUNGLOW, KUZHIYAM VADAKKEKARA, PERINADU VILLAGE, KOLLAM TALUK.
2. MEENA MOHAN W/O. MOHAN KUMAR, SREEKRISHNA VILASOM BUNGLOW, KUZHIYAM VADAKKEKARA, PERINADU VILLAGE, KOLLAM TALUK.
3. PRASAD B/O. MOHAN KUMAR, SREEKRISHNA VILASOM BUNGLOW, KUZHIYAM VADAKKEKARA, PERINADU VILLAGE, KOLLAM TALUK.
BY ADVS.SRI.R.S.KALKURA
SRI.M.S.KALESH
SRI.HARISH GOPINATH
RESPONDENT(S):
P.G. ARAVINDAKSHAN NAIR CHEMBAKASSERI VEEDU, TAHAMUKKU, THATTARKONAM JUNCTION, KARIKODE, T.K.M. COLLEGE.P.O., KOLLAM DISTRICT-691005.
BY ADV. SRI.P.PRIJITH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22-062016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OKB
K.HARILAL, J.
O.P.(C). No.2958 of 2013
Dated this the 22nd day of June, 2016
JUDGMENT
~ ~ ~ ~ ~
The learned counsel for the respondent submits that the respondent, who is the plaintiff in the original suit, filed an application before the court below seeking permission to withdraw the suit itself, as the matter has been settled between the parties. The learned counsel for the petitioners also agree with the said submission. Thus, the matter in issue involved in this original petition also has become infructuous.
In view of the submissions made at the Bar, this original petition will stand dismissed as infructuous.
Sd/K. HARILAL, JUDGE
okb/22.6
1 issue framed by the court
Whether the original civil writ petition stands dismissed as being infructuous due to the settlement of the underlying suit between the parties.
Mohankumar S/O. Damodaran Pillai
Meena Mohan
Prasad B/O. Mohan Kumar
P.G. Aravindakshan Nair
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
