The High Court of Kerala closed an original petition stating that nothing further survived after the filing of a subsequent petition and the passing of an interim order.
Original petition closed as nothing further survives.
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 C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 588 OF 2022
IN EP 191/2019 IN F.D.I.A NO.1702 OF 2017 IN O.S.NO.16 OF 2016 ON
THE FILES OF ADDITIONAL SUB COURT-I, KOZHIKODE
PETITIONERS/JUDGMENT DEBTORS NOS. 1 & 2:
1 BHANUMATHI, AGED 59 YEARS, D/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE , PIN – 673002
2 SREEMATHI, AGED 70 YEARS, D/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE , PIN – 673002
BY ADV K.M.FIROZ
RESPONDENTS/DECREE HOLDERS AND JUDGMENT DEBTORS NOS. 3 TO 6:
1 K. ABDURAHIMAN HAJI, AGED 61 YEARS, S/O. TV MAMMUHAJI, VIYYOOR AMSOM, KOLLAM DESOM, KOYILANDI TALUK, KOZHIKODE , PIN – 673306
2 T. VISHWANATHAN, AGED 64 YEARS, S/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE , PIN – 673002
3 T. SUMATHI, AGED 62 YEARS, D/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE , PIN – 673002
O.P.(C)No.588 of 2022
2
4 T. VIJAYARAGHAVAN, AGED 56 YEARS, S/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE, PIN – 673002
5 T.VASUMATHI, AGED 58 YEARS, D/O. MARAKKAR THOTTUMMAL APPUTTY, KASABA VILLAGE, KALATHINIKUNNU DESOM, KOZHIKODE, PIN – 673003
BY ADVS. mohanakannan k M.MUHAMMED SHAFI(K/595/1997)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.588 of 2022
3
JUDGMENT
Dated this the 06th day of July, 2022
In view of the subsequent filing of O.P.(C)No.942/2022 and passing of the interim order dated 03.06.2022, nothing further survives in this original petition. Hence, the original petition is closed.
Sd/- C.S.DIAS Judge
NR/06/07/2022
O.P.(C)No.588 of 2022
APPENDIX
| PETITIONERS' EXHI | BITS |
|---|---|
| Exhibit P1 | TRUE COPY OF THE JUDGMENT IN THE SUIT, OS NO 16 OF 2016 ON THE FILES OF THE IIND ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE |
| Exhibit P2 | TRUE COPY OF THE COMMISSION REPORT IN FDIA NO 1702 OF 2016 IN OS NO 16 OF 2016 ON THE FILES OF THE IIND ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE |
| Exhibit P3 | TRUE COPY OF THE JUDGMENT LEADING TO FINAL DECREE DATED 10-4-2018 IN FDIA NO 1702 OF 2016 IN OS NO 16 OF 2016 ON THE FILES OF THE IIND ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE |
| Exhibit P4 | TRUE COPY OF THE APPEAL MEMORANDUM IN A.S. NO. 40 OF 2019 ON THE FILES OF THE DISTRICT COURT-IV, KOZHIKODE |
| Exhibit P5 | TRUE COPY OF THE STAY APPLICATION, IA NO 2978 OF 2019 IN A.S. NO. 40 OF 2019 ON THE FILES OF THE DISTRICT COURT-IV, KOZHIKODE |
| Exhibit P6 | TRUE COPY OF THE EP NO. 191 OF 2019 ON THE FILES OF IST ADDITIONAL SUB COURT, KOZHIKODE |
| Exhibit P7 | TRUE COPY OF THE IA NO 2 OF 2021 FILED BY THE PETITIONERS IN A.S. NO. 40 OF 2019 ON THE FILES OF THE DISTRICT COURT-IV, KOZHIKODE PRAYING FOR RE-ADMISSION OF APPEAL |
| Exhibit P8 | TRUE COPIES OF COMMISSION REPORT DATED 2-3-2022 ON THE FILES OF THE ADDITIONAL SUB COURT, KOZHIKODE, ALONG WITH A PLAN OF SURVEYOR AND SKETCH |
| Exhibit P9 | TRUE COPY OF THE SAID ORDER DATED 10.03.2022 PASSED IN E.P. NO. 191 OF 2019 IN F.D.I.A NO. 1702 OF 2017 IN O.S. NO. 16 OF 2016 ON THE FILES OF ADDITIONAL SUB COURT-I, KOZHIKODE |
| Exhibit P10 | A TRUE COPY OF ADVANCE PETITION, IA NO 1 OF 2022 IN IA NO 2 OF 2021 IN AS NO 40 OF 2019 ON THE FILES OF DISTRICT COURT, IV, KOZHIKODE |
O.P.(C)No.588 of 2022
Exhibit P11 A TRUE COPY OF STAY PETITION, IA NO 2 OF 2022 IN IA 2 OF 2021 IN AS NO 40 OF 2019 ON THE FILES OF DISTRICT COURT, IV, KOZHIKODE
Exhibit P12 TRUE COPY OF THE APPLICATION, E.A. NO. 446 OF 2022 IN EP NO. 191 OF 2019 IN F.D.I.A NO. 1702 OF 2017 IN O.S. NO. 16 OF 2016 ON THE FILES OF ADDITIONAL SUB COURT-I, KOZHIKODE
Bhanumathi
Sreemathi
K. Abdurahaman Haji
T. Vishwanathan
T. Sumathi
T. Vijayaraghavan
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court