The petitioners argued the underlying suit was dismissed as not pressed, rendering this petition infructuous. The respondent counsel conceded the submission. The court accepted the argument and dismissed the original petition as infructuous.
The Original Petition is dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
OP(C) NO. 2766 OF 2016
AGAINST THE ORDER/JUDGMENT IN OS 556/2013 OF PRINCIPAL SUB COURT,THRISSUR, THRISSUR
PETITIONERS:
1 BETHEL BRETHERN CHURCH, GOSPEE HOME, ERUMAPETTY P O, ERUMAPETTY DESOM, KARIYANOOR VILLAGE, THALAPPILLY TALUK, REPRESENTED BY JOBY, S/O. PORATHOOR INSASU, THALAPPILLY TALUK,VELLATANJOOR VILLAGE, DESOM, RESIDING AT NADATHARA VILLAGE, NELLUKUNNU DESOM.
(BOTH PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SEENAT JOBY, W/O.JOBY, AGED 48 YEARS, PORATHUR HOUSE, THALAPPILLY TALUK, VELLATANJOOR VILLAGE, DESOM, RESIDINT AT NADATHARA VILLAGE, NELLUKUNNU DESOM)
BY ADV SRI.R.RAMADAS
RESPONDENTS:
PARIYARAM ROAD, THRISSUR DISTRICT, PIN-680584.
BY ADV SMT.P.K.PRIYA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.2766 of 2016
2
JUDGMENT
When the matter is taken up for hearing,
it is submitted by Smt.Geetha representing Sri.R.Ramdas, learned counsel for the
petitioners that the matter is infructuous as the suit itself was dismissed as not pressed.
respondents also conceded the said submission.
Original Petition, O.S.No.556/2013 submitted to be dismissed as not pressed, there is no meaning in proceeding further in this Original Petition. It is also reported from the Sub Court, Thrissur that the matter was dismissed on 13.10.2018.
In view of the matter, this Original
Petition is dismissed as infructuous.
Sd/-
A.BADHARUDEEN, JUDGE.
ww
2 issues framed by the court
Whether the Original Petition should be allowed to proceed given that the underlying suit was dismissed as not pressed.
Whether the Original Petition can be declared infructuous based on the dismissal of the suit.
BETHEL BRETHERN CHURCH
JOBY
V D JAMES
PHILIP P G
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
