Opposing civil suit dismissed as withdrawn by the High Court of Kerala. The order explicitly permits the petitioner to re-approach the lower court for the same relief if attesting witnesses become unavailable.
Petitioner permitted to re-approach the lower court for the same relief if attesting witnesses are unavailable.
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 B.SUDHEENDRA KUMAR
MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941
OP(C).No.1368 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 425/2014 DATED 18-01-2019 OF MUNSIFF COURT, PUNALUR
PETITIONER/S:
SHEEJA KUMARI, AGED 52 YEARS, D/O GOPALA KURUP, CHANGAYIL VEEDU, ENATHU P.O.691, 526, ILANGAMANGALAM CHERRY, ADOOR VILLAGE, FROM THULASSI HILL, MALOOR MURI, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK. BY ADVS. SRI.K.K.JOHN SRI.ASISH K.JOHN
RESPONDENT/S:
1 THANKAMMA, AGED 81 YEARS, D/O KALYANI AMMA, THULASSI HILL, MALOOR MURI, MALOOR P.O.691 522, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK, FROM MURINGAPPATTU VADAKKETHIL VEEDU, MALOOR MURI, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK. 2 RADHAKRISHNA PILLAI,AGED 52 YEARS S/O MADHAVAN PILLAI,THULASSI HILL, MALOOR MURI, MALOOR P.O.691 522, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK, FROM MURINGAPPATTU VADAKKETHIL VEEDU, MALOOR MURI, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK. 3 RADHAMANI,AGED 42 YEARS, D/O RADHAKRISHNA PILLAI, THULASSI HILL, MALOOR MURI, MALOOR P.O.691 522, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK, FROM MURINGAPPATTU VADAKKETHIL VEEDU, MALOOR MURI, PATTAZHI VADAKKERKARA VILLAGE, PATHANAPURAM TALUK. R1-3 BY ADV. SMT.JESSY S.SALIM R1-3 BY ADV. SRI.A.D.SHAJAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Case No. OP(C) 1368/19
-2-
JUDGMENT
Dismissed as withdrawn.
However, this order will not stand in the way of the petitioner in approaching the court below seeking for the same relief, if the attesting witnesses are no more.
sd
B. SUDHEENDRA KUMAR, JUDGE .
dl/
SHEEJA KUMARI
THANKAMMA
RADHAKRISHNA PILLAI
RADHAMANI
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
