Poulose vs Biju,

Poulose vs BIJU,

Type Court Judgment Court Kerala Orders Decided Feb 01, 2024

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https://sooperkanoon.com/case/1302973

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Citation: sooperkanoon.com/1302973
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Feb 01, 2024
Case Number: OP(C)/2102/2023

Parties & Advocates

Appellant / Petitioner

Poulose

Respondent

BIJU,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c. jayachandran thursday, the 1st day of february 2024 / 12th magha, 1945 op(c) no. 2102 of 2023 against the order dated 19/8/2023 in i.a. no.3/2023 in os petitioner/petitioner/defendant : poulose aged 61 years, s/o.veliyath thomas, aranattukara village & desom, thrissur taluk, thrissur district, pin - 680618 santhosh p.poduval r.rajitha chithra s.babu respondent/respondent/plaintiff : biju, aged 50 years, s/o.mulangadan george, nayarangadi desom, pariyaram village, chalakkudy taluk, thrissur district, pin - 680721 unniraja t.i. s.g.sreekanth(k/755/2011) s.badusha(k/673/2010) joel antony george(k/742/2020) faheem ahsan.s(k/001986/2019) vaidersh h.s.(k/002251/2023) this op (civil) having come up for admission on 01.02.2024, the court on the same day delivered the following: o.p.(c) no.2102 of 2023 2c. jayachandran , j.------------------------------ o.p.(c) no.2102 of 2023 ----------------------------------- dated this the 1st day of february 2024judgmentthe learned counsel appearing for the petitioner seeks permission to withdraw this original petition with liberty to furnish cash security. the said submission is allowed in part. the original petition is permitted to be withdrawn. in so far as the liberty is concerned, it would be open to the petitioner to urge the same before the court below, and, so long as the same serve the purpose, the court below will consider the request of the petitioner sympathetically in accordance with law. sd/- c. jayachandran, judge ns o.p.(c) no.2102 of 2023 3 appendix of op(c) 2102/2023 petitioner exhibits exhibit -p1 a copy of plaint in o.s.no. 47/23 on the file of sub court, irinjalakkuda exhibit -p2 a copy i.a. 1/23 in o.s.no. 47/23 before the sub court, irinjalakkuda exhibit -p3 a copy of i.a.3/23 in o.s.no.47/23 filed by the defendant exhibit -p4 a copy of objection in i.a.1/23 in o.s. irinjalakkuda exhibit -p5 a copy of objection filed by the plaintiff.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 OP(C) NO. 2102 OF 2023 AGAINST THE ORDER DATED 19/8/2023 IN I.A. NO.3/2023 IN OS PETITIONER/PETITIONER/DEFENDANT : POULOSE AGED 61 YEARS, S/O.VELIYATH THOMAS, ARANATTUKARA VILLAGE & DESOM, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680618 SANTHOSH P.PODUVAL R.RAJITHA CHITHRA S.BABU RESPONDENT/RESPONDENT/PLAINTIFF : BIJU, AGED 50 YEARS, S/O.MULANGADAN GEORGE, NAYARANGADI DESOM, PARIYARAM VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 UNNIRAJA T.I. S.G.SREEKANTH(K/755/2011) S.BADUSHA(K/673/2010) JOEL ANTONY GEORGE(K/742/2020) FAHEEM AHSAN.S(K/001986/2019) VAIDERSH H.S.(K/002251/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C) No.2102 of 2023 2
C. JAYACHANDRAN , J.
------------------------------ O.P.(C) No.2102 of 2023 ----------------------------------- Dated this the 1st day of February 2024

JUDGMENT

The learned counsel appearing for the petitioner seeks permission to withdraw this original petition with liberty to furnish cash security. The said submission is allowed in part. The original petition is permitted to be withdrawn. In so far as the liberty is concerned, it would be open to the petitioner to urge the same before the court below, and, so long as the same serve the purpose, the court below will consider the request of the petitioner sympathetically in accordance with law. Sd/- C. JAYACHANDRAN, JUDGE NS O.P.(C) No.2102 of 2023 3 APPENDIX OF OP(C) 2102/2023 PETITIONER EXHIBITS Exhibit -P1 A COPY OF PLAINT IN O.S.NO. 47/23 ON THE FILE OF SUB COURT, IRINJALAKKUDA Exhibit -P2 A COPY I.A. 1/23 IN O.S.NO. 47/23 BEFORE THE SUB COURT, IRINJALAKKUDA Exhibit -P3 A COPY OF I.A.3/23 IN O.S.NO.47/23 FILED BY THE DEFENDANT Exhibit -P4 A COPY OF OBJECTION IN I.A.1/23 IN O.S. IRINJALAKKUDA Exhibit -P5 A COPY OF OBJECTION FILED BY THE PLAINTIFF IN I.A. 3/23 IN O.S. NO.47/23 ON THE FILE OF SUB COURT, IRINJALAKKUDA Exhibit -P6 A COPY OF REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER Exhibit -P7 A COPY OF THE AGREEMENT FOR SALE EXECUTED BY THE PLAINTIFF AND DEFENDANT DATED 25.01.2022. Exhibit -P8 A COPY OF THE ORDER DATED 19/8/23 IN I.A.3/23 IN O.S.NO.47/23 ON THE FILE OF SUB COURT, IRINJALAKKUDA

Same Court & Year Kerala Orders · 2024 Same Parties Poulose vs BIJU, Same Judge Honourable Mr.Justice C. Jayachandran