Original petition concerning proceedings in O.S. 228 of 1997 before the II Additional District Court, Thiruvananthapuram. Counsel reported the subject matter had been settled between the parties with a memo filed, and the court dismissed the petition as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
OP(C) NO. 43 OF 2022
AGAINST THE ORDER/JUDGMENT OS 228/1997 OF II ADDITIONAL DISTRICT
COURT,THIRUVANANTHAPURAM
PETITIONERS/PLAINTIFFS NO.3 & 5:
1DR.INDU G.NAIR
AGED 52 YEARS
RESIDING AT TC 8/348, ALAPPURAM ROAD, THIRUMALA P.O,
THIRUVANANTHAPURAM - 695006.
2 SINDHU GAGED 46 YEARS
RESIDING AT TC 8/348, ALAPPURAM ROAD, THIRUMALA P.O,
THIRUVANANTHAPURAM - 695006.
BY ADV R.S.KALKURA
RESPONDENTS / DEFENDANTS 3, 7 TO 17:
1T.MOHANAN
RESIDING AT PUTHUVAL PURAYIDOM, PTP NAGAR, ARAMADA VILLAGE,
THIRUVANANTHAPURAM - 695006.
*2GOPALAN KRISHNANKUTTY
RESIDING AT PUTHUVAL PURAYIDOM, PTP NAGAR, ARAMADA VILLAGE,
THIRUVANANTHAPURAM - 695006. DELETED
*3KOCHUPENNU SANTHA
RESIDING AT PUTHUVAL PURAYIDOM, PTP NAGAR, ARAMADA VILLAGE,
THIRUVANANTHAPURAM - 695006. DELETED
*4THRESIAMMA
W/O. K.V. JOSE, RESIDING AT PUTHUVAL PURAYIDOM, PTP NAGAR,
ARAMADA VILLAGE, THIRUVANANTHAPURAM - 695006. DELETED
*5SEVENTHDAY ADVENTIST
REPRESENTED BY ITS PRESIDENT, KURVANKONAM, KOWDIAR,
THIRUVANANTHAPURAM - 695003. DELETED
*6J.L. TOMYKUTTY
AGED 65 YEARS
S/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,
VATTIYOORKAVU, THIRUVANANTHAPURAM - D695013. DELETED
7T.K. BAVAMMA
AGED 63 YEARS
D/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,
VATTIYOORKAVU, THIRUVANANTHAPURAM – 695013.
8PUSHPAM
AGED 58 YEARS
O.P.(C.) No.43 of 2022
2
D/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695013. |
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9 |
JAYAKUMARIAGED 55 YEARSD/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695013. |
*10 |
MINI MOLAGED 52 YEARSD/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695013. (R2 TO R6 ANDR10 ARE DELETED FROM PARTY ARRARY AT THE RISK OF THEPETITIONER VIDE ORDER DATED 4.11.22) |
11 |
SHERLIAGED 49 YEARSD/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695013. |
12 |
STANLYS/O. AELI SARAH, RESIDING AT MALAMAR HOUSE, AJANTHA NAGAR,VATTIYOORKAVU, THIRUVANANTHAPURAM – 695013.* RESPONDENTS 2 TO 6 AND 10 ARE DELETED FROM THE PARTYARRAY AT THE RISK OF THE PETITIONER VIDE ORDER DTD 4.11.22IN IA 2/22 |
BY ADV B.ANANTHU
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.43 of 2022
3
C.JAYACHANDRAN, J.
O.P.(C.) No.43 of 2022
Dated this the 12th day of January, 2024
JUDGMENT
Learned counsel for the petitioner submit that the subject matter of the Original Petition has been settled by and between the parties and memo to that effect has been filed.
In the circumstance, this Original Petition will stand dismissed as withdrawn.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/12-01
O.P.(C.) No.43 of 2022
4
APPENDIX OF OP(C) 43/2022 |
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PETITIONER EXHIBITS |
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EXHIBIT P1 |
TRUE COPY OF THE JUDGMENT IN A.S 58 OF 2005 ANDCROSS-OBJECTION DATED 18.02.2010 OF THESUBORDINATE JUDGES COURT-III,THIRUVANANTHAPURAM. |
EXHIBIT P2 |
TRUE COPY OF THE COMMISSION REPORT DATED18.07.2013 SUBMITTED BEFORE THE IIND ADDL. SUBJUDGES COURT, THIRUVANANTHAPURAM IN O.S 228 OF1997. |
EXHIBIT P3 |
TRUE COPY OF THE APPLICATION FOR AMENDMENTDATED 2.11.2019 SUBMITTED BY THE PLAINTIFF ASI.A 2494 OF 2019. |
EXHIBIT P4 |
TRUE COPY OF THE ORDER DATED 5.11.2020 IN IANO. 2494 OF 2019 IN OS NO. 228 OF 1997 ON THEFILE OF THE IIND ADDL. SUB JUDGES COURT,THIRUVANANTHAPURAM. |
EXHIBIT P5 |
TRUE COPY OF THE AMENDED PLAINT IN OS NO. 228OF 1997 ON THE FILE OF THE IIND ADDL. SUBJUDGES COURT, THIRUVANANTHAPURAM. |
EXHIBIT P6 |
TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENTDATED 3.12.2020 IN O.S. NO. 228 OF 1997 ON THEFILE OF THE IIND ADDL. SUB JUDGES COURT,THIRUVANANTHAPURAM. |
EXHIBIT P7 |
TRUE COPY OF THE APPLICATION FOR AMENDMENTDATED 20.09.2021 AS IA 6 OF 2021 IN OS 228 OF1997 OF THE FILE OF THE IIND. ADDL. SUB JUDGESCOURT, THIRUVANANTHAPURAM. |
EXHIBIT P8 |
TRUE COPY OF THE COUNTER AFFIDAVIT DATED11.10.2021 FILED BY DEFENDANTS 3, 12, 13, 14,16 AND 17 TO I.A. 6 OF 2021 IN O.S. 228 OF 1997ON THE FILE OF THE IIND ADDL. SUB JUDGES COURT,THIRUVANANTHAPURAM. |
EXHIBIT P9 |
TRUE COPY OF THE ORDER DATED 16.11.2021 IN I.A6 OF 2021 IN O.S 228 OF 1997 ON THE FILE OF THEIIND ADDL. SUB JUDGES COURT,THIRUVANANTHAPURAM. |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
Dr. Indu G. Nair
Sindhu G
T. Mohanan
T.K. Bavamma
Pushpam
Jayakumari
C. Jayachandran
As recorded by the court registry
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