On the submission of the counsel for the petitioner that the subject matter has been settled out of court, the High Court of Kerala held the original petition infructuous and dismissed it without recording detailed reasons or applying substantive law.
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
THURSDAY, THE 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938
OP(C).No. 4556 of 2013 (O)
[AGAINST THE ORDER DATED 19/10/2013 IN I.A.NO.2088/2012 IN O.S.NO.623/2007 OF THE MUNSIFF'S COURT, NORTH PARUR.]
PETITIONER:
KARTHU, AGED 65, W/O.RAGHAVAN, PADATHUTHARA HOUSE,
AYYAMPILLY KARA, KUZHUPPILLY VILLAGE, KOCHI TALUK.
BY ADV. SRI.DINESH R.SHENOY
RESPONDENT:
PRABHAVATHI, W/O.MANI, VADEPARAMBIL HOUSE,
AYYAMPILLI KARA, KUZHUPPILLY VILLAGE, KOCHI TALUK, PIN 682502.
BY ADV. SMT.CHINCY GOPAKUMAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 4556 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE PHOTOCOPY OF THE PLAINT DATED 13.11.2007 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P2: TRUE PHOTOCOPY OF WRITTEN STATEMENT DATED 31.5.2008 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P3: TRUE PHOTOCOPY OF PLAINT IN O.S.NO.5/2008 MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P4: TRUE PHOTOCOPY OF WRITTEN STATEMENT AND COUNTER CLAIM FILED IN O.S.NO.5/2008, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P5: TRUE PHOTOCOPY OF THE REPLICATION DATED 7.7.2008 O.S.NO.5/2008, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P6: TRUE PHOTOCOPY OF COMMISSION REPORT DATED 22.1.2008 BY ADVOCATE COMMISSIONER, K.SREEKUMAR IN O.S.NO.5/2008, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P7: TRUE PHOTOCOPY OF COMMISSION APPLICATION DATED 26.10.2010 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P8: TRUE PHOTOCOPY OF THE COMMISSION REPORT DATED NIL SUBMITTED BY ADVOCATE V.H.UBAIDULLA TOGETHER, WITH THE TWO SURVEY SKETCHES.
EXHIBIT-P9: TRUE PHOTOCOPY OF I.A.NO.2088/2012 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P10: TRUE PHOTOCOPY OF OBJECTION DATED 20.12.2012 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P11: TRUE PHOTOCOPY OF ORDER DATED 19.10.2013 IN I.A.NO.2088/2012 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARUR.
EXHIBIT-P12: TRUE PHOTOCOPY OF IA.NO.2099/2013 IN O.S.NO.623/2007, MUNSIFF COURT, NORTH PARAVUR.
K. HARILAL, J.
-----------------------------------------------------O.P. (C) No. 4556 of 2013-O
Dated this the 8th day of September, 2016 JUDGMENT
The learned counsel for the petitioner submits that the matter has been settled out of court between the parties and thereby, the matter in issue involved in this Original Petition has now become infructuous.
Sd/-
(K. HARILAL, JUDGE)
Nan/
//true copy//
P.S. to Judge
KARTHU
PRABHAVATHI
K. HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
