IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 620 of 2010()
1. JOSEPH, S/O.VARGHESE, AGED 52 YEARS,
... Petitioner
Vs
1. THRESSIA @ BABY, W/O.VARGHESE, AGED 74
... Respondent
2. MARRY @ SHERLY,D/O.VARGHESE &
3. MANUAL, S/O.VARGHESE,AGED 50 YEARS,
4. ANIE, D/O.VARGHESE & W/O P.X.JOSEPH,
5. JANCY, D/O.VARGHESE & W/O.BABU ABRAHAM
6. PAUL PIOUS, S/O.VARGHESE, AGED 46 YERAS
7. SEBASTIAN @ SEALASTINE, S/O.VARGHESE
8. JOHNY, S/O.VARGHESE, AGED 39, BUSINESS,
For Petitioner :SRI.B.JAYASANKAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :08/11/2010
O R D E R
THOMAS P JOSEPH, J.
----------------------------------------
O.P(C).No.620 of 2010
---------------------------------------
Dated this 08th day of November, 2010
JUDGMENT
This petition filed under Article 227 of the Constitution is
directed against Exts.P11 and P12, orders. There are two suits in
which petitioner is involved. In O.S.No.545 of 2008 petitioner
filed I.A.No.1622 of 2010 for joint trial of that suit with
O.S.No.673 of 2008. In O.S.No.673 of 2008 respondent filed
I.A.No.4788 of 2009 challenging maintainability of the suit and
requested the court to decide the same as a preliminary issue.
Along with that petitioner also filed I.A.No.1621 of 2010 to call
for records from the Tribunal concerned. Learned Sub Judge
disposed of I.A.Nos.1621 of 2010 and 4788 of 2009. I.A.No.1621
of 2010 has been dismissed while I.A.No.4788 of 2009 was partly
allowed and O.S.No.673 of 2008 has been dismissed as not
maintainable as it is barred by limitation. Challenging these
orders this original petition is filed. Learned counsel submits that
against dismissal of suit on allowing I.A.No.4788 of 2009
petitioner has filed an appeal before the learned District Judge.
Learned counsel states that petitioner has challenged the
correctness of the order on I.A.Nos.1621 of 2010 and 1622 of
O.P(C).No.620 of 2010
: 2 :
2010 in that appeal. It is also submitted that in view of filing of
the appeal this revision petition is not being pursued.
Resultantly this petition is closed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-