The court closed the original petition because the underlying suit filed by the petitioner was dismissed as not pressed.
Original petition closed.
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 SUNIL THOMAS
WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941
OP(C).No.1187 of 2016
AGAINST THE ORDER/JUDGMENT IN OS 338/2013 of MUNSIFF COURT, PATHANAMTHITTA
PETITIONER:
BALAKRISHNA KURUP
AGED 69 YEARS, S/O.KUTTAN PILLAI, CHANGETHU HOUSE, ULLANNOOR, KULANADA VILLAGE, KOZHENCHERRY TALUK, NOW RESIDING AT MUKADIYIL VADAKKETHIL, MULAMPUZHA MURI, PANDALAM VILLAGE, ADOOR TALUK. 689 501.
BY ADVS. SRI.S.SUDHEESH KUMAR SRI.K.B.DAYAL SRI.SIBI KARUN SRI.S.MOHAMMED FEBIN
RESPONDENTS:
1 KERALA FINANCIAL CORPORATION PATHANAMTHITTA, REPRESENTED BY THE CHIEF MANAGER, PATHANAMTHITTA. 689 645.
AGED 59 YEARS, S/O.GOPINATHA PILLAI, JAWAHAR PARK, 1ST FLOOR, STP CROSS ROAD, ERNAKULAM. 682 011. 3 SUDHAKARAN PILLAI
AGED 55 YEARS, S/O. KUTTAN PILLAI, CHANGETHU HOUSE, ULLANNOOR MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK.689 503.
4 APPUKUTTA KURUP AGED 63 YEARS, S/O. KUTTAN PILLAI, CHANGETHU HOUSE, ULLANNOOR MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK.689 503. 5 JANAKIAMMA AGED 88 YEARS, W/O. KUTTAN PILLAI, CHANGETHU HOUSE, ULLANNOOR MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK.689 503.
BY ADV. SRI.BASANT BALAJI, SC, KERALA FINANCIAL CORPORATION
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P(C).1187/16
2
JUDGMENT
Service is not complete on R2 and R3. Learned counsel for the contesting respondent submitted that, on 10.01.2019, the suit from which the original petition arises was dismissed as not pressed. Accordingly, this original petition does not survive.
Original petition is closed.
Sd/-
SUNIL THOMAS
Sbna
JUDGE
O.P(C).1187/16
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S. NO.338/2013 ON THE FILE OF THE LEARNED MUNSIFF'S COURT, PATHANAMTHITTA. EXHIBIT P2 A TRUE PHOTO COPY OF THE ORDER IN I.A.NO.1127/2015 IN O.S. NO.338/2013 DATED 9.7.2015 PASSED BY THE LEARNED MUNSIFF'S COURT, PATHANAMTHITTA. EXHIBIT P3 PHOTOSTAT COPY OF THE PAPER PUBLICATION IN THE MALAYALA MANORAMA NEWS DAILY DATED 10.4.2016 STATING THAT THE SALE WILL BE CONDUCTED ON 29.4.2016 EXHIBIT P4 PHOTOSTAT COPY OF PETITION VIZ., I.A.NO.201/2016 FILED BEFORE LEARNED VACATION COURT. EXHIBIT P5 PHOTOSTAT COPY OF THE ORDER IN I.A.NO.201/2016 PASSED BY THE LEARNED VACATION COURT.
Balakrishna Kurup
Kerala Financial Corporation
Rajendraprasad
Sudhakaran Pillai
Appukutta Kurup
Janakiamma
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
