C.K.Surendran vs Kunhimoosa

Type Court Judgment Court Kerala Orders Decided Apr 05, 2023

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Citation: sooperkanoon.com/1348671
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Apr 05, 2023
Case Number: FAO/28/2023

Parties & Advocates

Appellant / Petitioner

C.K.Surendran

Respondent

Kunhimoosa

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan wednesday, the 5th day of april 2023 / 15th chaithra, 1945 against the order dated 04.03.2023 in ia.6/2022 in os 61/2021 of sub court, vadakara appellant/petitioner in i.a/plaintiff in o.s: c.k.surendran, aged 63 years, s/o. achuthan, "cheruvath". chorode post, vatakara taluk, kozhikode, proprietor, rocky enclave, chorode, vatakara, kozhikode - 673106 by advs. b.krishnan r.parthasarathy respondent/respondent in i.a/defendant in os:kunhimoosa, s/o. kunhi mammu, aged 63 years, director, m/s. savoury restaurant, no.27, mosque road, frazer town, bangalore - 560 006, karnataka, permanent address 'manikoth house', aniyaram, post chokli, kannur- 670672 by adv g.sreekumar (chelur) this first appeal from orders having come up for hearing on 05.04.2023, the court on the same day delivered the following:judgmentduring the course of argument, the learned counsel for the appellant fairly submitted that he is not pressing the appeal, without prejudice to the right of exhausting other remedies available to the party concerned. hence, permission is granted. the appeal will stand dismissed as not pressed, without prejudice to the right of parties to take up any of the measures available to them so as to protect their interest over the property or the rights, if any. sd/- p.somarajan judge msp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 AGAINST THE ORDER DATED 04.03.2023 IN IA.6/2022 IN OS 61/2021 OF SUB COURT, VADAKARA APPELLANT/PETITIONER IN I.A/PLAINTIFF IN O.S: C.K.SURENDRAN, AGED 63 YEARS, S/O. ACHUTHAN, "CHERUVATH". CHORODE POST, VATAKARA TALUK, KOZHIKODE, PROPRIETOR, ROCKY ENCLAVE, CHORODE, VATAKARA, KOZHIKODE - 673106 BY ADVS. B.KRISHNAN R.PARTHASARATHY RESPONDENT/RESPONDENT IN I.A/DEFENDANT IN OS:
KUNHIMOOSA, S/O. KUNHI MAMMU, AGED 63 YEARS, DIRECTOR, M/S. SAVOURY RESTAURANT, NO.27, MOSQUE ROAD, FRAZER TOWN, BANGALORE - 560 006, KARNATAKA, PERMANENT ADDRESS 'MANIKOTH HOUSE', ANIYARAM, POST CHOKLI, KANNUR- 670672 BY ADV G.SREEKUMAR (CHELUR) THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR HEARING ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

During the course of argument, the learned counsel for the appellant fairly submitted that he is not pressing the appeal, without prejudice to the right of exhausting other remedies available to the party concerned. Hence, permission is granted. The appeal will stand dismissed as not pressed, without prejudice to the right of parties to take up any of the measures available to them so as to protect their interest over the property or the rights, if any. Sd/- P.SOMARAJAN JUDGE msp

Same Court & Year Kerala Orders · 2023 Same Parties C.K.Surendran vs Kunhimoosa Same Judge Honourable Mr. Justice P.Somarajan