In a property dispute, the petitioner submitted that an original petition was rendered infructuous by a settlement deed. The Court recorded the submission and dismissed the original petition as infructuous.
Original petition dismissed as infructuous.
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OP(C) NO. 16 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
OP(C) NO. 16 OF 2023
AGAINST THE ORDER IN I.A. 8/2022 IN OS 733/2020 OF III ADDITIONAL MUNSIFF COURT,THIRIVAMAMTHAPURAM
PETITIONER/RESPONDENT/DEFENDANT:
SERIN SEBASTIAN,
AGED 32 YEARS
D/O SEBASTIAN & REGINA SEBASTIAN, SEENA BHAVAN, TC
32/1091, ALL SAINTS JUNCTON,VETTUCAUD CHURCH ROAD,
BEACH P.O, THIRUVANANTHAPURAM, PIN CODE,
PIN - 695007
BY ADV D.GANESH KUMAR
RESPONDENT/PETITIONER/PLAINTIFF:
SEBASTIAN @ SEBASTHY
AGED 66 YEARS,
S/O. MARSHAL, SEENA BHAVAN, TC 32/1091, ALL SAINTS
JUNCTON,VETTUCAUD CHURCH ROAD, BEACH P.O,
THIRUVANANTHAPURAM, PIN CODE - 695 007 REPRESENTED
BY HIS POWER OF ATTORNEY HOLDER KUSALA KUMARI. L,
AGED 52 YEARS, W/O. LATE SHAJI, RESIDING AT TC
78/78, ST. PETERS COTTAGE, CHERU VETTUCAUD,
SHANGHUMUKHAM BEACH P.O, THIRUVANANTHAPURAM
DISTRICT,, PIN - 695007
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 16 OF 2023
2
JUDGMENT
The learned counsel appearing for the petitioner submits that the original petition has become infructuous. The submission is recorded. The original petition is dismissed as infructuous.
Sd/C.S.DIAS
ma/24.2.2023
JUDGE
OP(C) NO. 16 OF 2023
3
APPENDIX OF OP(C) 16/2023
PETITIO |
NER |
EXHIBITS |
|---|---|---|
Exhibit |
P1 |
TRUE COPY OF THE SETTLEMENT DEED NO. 791OF 2012 EXECUTED BY THE RESPONDENT INFAVOUR OF THE PETITIONER REGISTERED ON25.02.2012 BEFORE THE PRINCIPAL SUB-REGISTRAR OFFICE, THIRUVANANTHAPURAMDISTRICT |
Exhibit |
P2 |
TRUE COPY OF THE PLAINT IN O.S NO. 733 OF2020 PENDING BEFORE THE IIIRD ADDITIONALMUNSIFF'S COURT, THIRUVANANTHAPURAM DATED29.6.2020 |
Exhibit |
P3 |
TRUE COPY OF THE WRITTEN STATEMENT IN O.SNO. 733 OF 2020 PENDING BEFORE THE IIIRDADDITIONAL MUNSIFF'S COURT,THIRUVANANTHAPURAM DATED 22.09.2022 |
Exhibit |
P4 |
TRUE COPY OF THE PLAINT IN O.S NO. 1127OF 2020 PENDING BEFORE THE IIIRDADDITIONAL MUNSIFF'S COURT,THIRUVANANTHAPURAM DATED 19.10.2020. |
Exhibit |
P5 |
TRUE COPY OF I.A NO. 8 OF 2022 IN O.S NO.733 OF 2020 PREFERRED BY THE POWER OFATTORNEY HOLDER OF THE RESPONDENT21.09.2022. |
Exhibit |
P6 |
TRUE COPY OF OBJECTION SUBMITTED BY THEPETITIONER HEREIN, IN I.A NO. 8 OF 2022IN O.S NO. 733 OF 2020 DATED 23.11.2022. |
Exhibit |
P7 |
TRUE COPY OF ORDER DATED 21.12.2022PASSED IN I.A NO. 8 OF 2022 IN O.S NO.733 OF 2020 (IMPUGNED ORDER) PASSED BYIIIRD ADDITIONAL MUNSIFF'S COURT,THIRUVANANTHAPURAM |
1 issue framed by the court
Whether the original petition should be dismissed as infructuous given the settlement deed.
Serin Sebastian
Sebastian @ Sebasthy
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court