Dismissed
Sreedharan Pillai v. Muthukulanm High School Samajam
Kerala HCOP(C)/1049/2013
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
OP(C) NO. 1049 OF 2013
AGAINST THE ORDER IN OS 390/2012 OF SUB COURT, MAVELIKKARA,
ALAPPUZHA
PETITIONER/SECOND PETITIONER/SECOND PLAINTIFF:
SREEDHARAN PILLAI AGED 62 YEARS RETIRED GOVERNMENT SERVANT, S/O.KESAVA PILLAI, MORUKANDATHIL HOSUE, MUTHUKULAM NORTH MURI IN MUTHUKULAM VILLAGE, CHOOLATHERUVU POST OFFICE, KARTHIKAPALLY TALUK, ALAPPUZHA DIST, PIN-690506 BY ADVS. SRI.B.RENJITHKUMAR SRI.T.PRADEEP KUMAR
RESPONDENTS/COUNTER PETITOINERS/DEFENDANTS ONE TO THREE:
1 MUTHUKULANM HIGH SCHOOL SAMAJAM REGISTRATION NO IV, 21/1964,MUTHUKULAM, MUTHUKULAM SOUTH MURI IN MUTHUKULAM VILLAGE, MUTHUKULAM SOUTH POST OFFICE,KARTHIKAPALLY TALUK ALAPPUZHA DIST, PIN-690506 2 S.K.ANIYAN, AGED 41 YEARS S/O.KAVIDASAN, SASTHAMPARAMBIL HOUSE, MUTHUKULAM SOUTH MURI IN ARATTUPUZHA VILLAGE, MUTHUKULAM SOUTH POST OFFICE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT, PIN-690506 3 P.VIJAYAN AGED 61 YEARS (SECRETARY), RETIRED TEACHER, S/O.PARAMU, NANDANAM HOUSE, FROM EDASSERIL PUTHUVAL, KALLICKADU MURI IN ARATTUPUZHA VILLAGE, ARATTUPUZHA POST OFFICE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT, PIN-690506 BY ADVS. SRI.M.R.ANISON SMT.K.P.GEETHA MANI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P(C) No.1049 of 2013
K.BABU, J.
O.P(C) No.1049 of 2013
Dated this the 6th day of October, 2021
JUDGMENT
The Original Petition arises from the order dated 05-03-2013 in I.A No.2100/2012 in O.S No.390/2012.
submits that O.S No.390/2012 has already been
disposed of by the court below and therefore the
matter has become infructuous.
Accordingly, this O.P is dismissed as
infructuous.
K.BABU, JUDGE
KAS
APPENDIX OF OP(C) 1049/2013
PETITIONER EXHIBITS EXHIBIT.P(1). TRUE COPY OF THE PLAINT IN ORIGINAL SUIT NO.390 OF 2012,DATED 19.11.2012 IN THE FILE OF SUBORDINATE COURT OF MAVELIKARA. EXHIBIT.P(2). TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.1931 OF 2012, DATED 19.11.2012 FILED FOR APPOINTING A RECIEVER TO THE TRUST IN THE FILE OF SUB-ORDINATE JUDGES COURT OF MAVELIKARA. EXHIBIT.P(3). TRUE COPY OF THE INTERLOCUTORY APPLICATIO NO.2100 OF 2012, DATED 10.12.2012 FILED FOR A DIRECTION TO CERTAIN RECORDS OF THE TRUST IN THE FILE OF SUB-ORDINATE JUDGES COURT OF MAVELIKARA. EXHIBIT.P(4). TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.1936 OF 2012 DATED 16.11.2012 FOR TEMPORARY INJUNCTION IN THE FILE OF SUB-ORDINATE JUDGES COURT OF MAVELIKARA. EXHIBIT.P(5). EXHIBIT.(5). TRUE COPY OF THE ORDER, DATED 11.02.2013 IN F.A.O. NO.402 OF 2012 IN THE FILE OF HONOURABLE HIGH COURT OF KERALA. EXHIBIT.P(6). TRUE COPY OF THE COMMON ORDER DATED 05.03.2013 IN INTERLOCUTORY APPLICATION NO.2100 OF 2012 AND INTERLOCUTORY APPLICATION NO.1980 OF 2012 IN O.S.NO.390 OF 2012 IN THE FILE OF SUB-ORDINATE JUDGES COURT OF MAVELIKARA.
1 issue framed by the court
Whether the original petition is infructuous as the underlying suit has been disposed of.
SREEDHARAN PILLAI
MUTHUKULANM HIGH SCHOOL SAMAJAM
S.K.ANIYAN
P.VIJAYAN
K. BABU
As recorded by the court registry
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