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Paulson vs Thomas @ Thomman

Paulson vs Thomas @ Thomman

Type Court Judgment Court Kerala Orders Decided Sep 29, 2022
~2 min read
https://sooperkanoon.com/case/1479975

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
OP(C)/1642/2013

Parties & Advocates

Appellant / Petitioner

Paulson

Respondent

Thomas @ Thomman

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias thursday, the 29th day of september 2022 / 7th aswina, 1944 op(c) no. 1642 of 2013 against the order/judgment in ia 117/2012 in os 385/2008 of munsiff court, north paravur petitioner/s: paulson aged 38 years s/o.vareeth, madathungal house, kunnukara kara, kunnukara village, paravur taluk. by adv sri.v.rajendran (perumbavoor) respondent/s: 1 thomas @ thomman aged 67 years s/o.devassy, madathungal house, kunnukara kara, kunnukara p.o.-683 578, kunnukara village, paravur taluk. 2 k.x.xavier s/o.k.l.xavier, koramangalath house, kochukadavanthra kara, elamkulam village, kanayannoor taluk-682 020. by adv sri.k.r.krishna kumar this op (civil) having come up for admission on 29.09.2022, the court on the same day delivered the following:c.s dias,j.--------------------------- ----------------------------- dated this the 28th day of september, 2022.judgmentthe learned counsel appearing for the petitioner submits that the original petition is not pressed. the said submission is recorded. the original petition is dismissed as not pressed. sd/- sks/28.9.2022 c.s.dias, judge appendix of op(c) 1642/2013 petitioner exhibitsexhibit p1: true copy of plaint in o.s.385/2008 dated 18.6.2008 of munsiff's court, north paravur. exhibit p2: copy of the written statement filed by the 2nd respondent in exhibit p1 suit on 20.11.2008. exhibit p3: copy of the commission report and rough sketch filed in exhibit p1 suit in i.a.no.2079/08 dated 31.7.08. exhibit p4: copy of the petition filed by the petitioner as ia.403/2010 in o.s.385/08 on 27.2.2010. exhibit p5: copy of the i.a.666/2010 in o.s.385/08 dated 3.4.2010 filed by the respondents. exhibit p6: copy of the i.a.117/2012 in o.s.385/2008 filed by the petitioner. exhibit p7: copy of the objection filed by 1st respondent in i.a.117/12 on 14.2.2012. exhibit p8: copy of order in i.a.117/2012 in o.s.385/2008 dated 23.7.2012.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 29TH DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 OP(C) NO. 1642 OF 2013 AGAINST THE ORDER/JUDGMENT IN IA 117/2012 IN OS 385/2008 OF MUNSIFF COURT, NORTH PARAVUR PETITIONER/S: PAULSON AGED 38 YEARS S/O.VAREETH, MADATHUNGAL HOUSE, KUNNUKARA KARA, KUNNUKARA VILLAGE, PARAVUR TALUK. BY ADV SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT/S: 1 THOMAS @ THOMMAN AGED 67 YEARS S/O.DEVASSY, MADATHUNGAL HOUSE, KUNNUKARA KARA, KUNNUKARA P.O.-683 578, KUNNUKARA VILLAGE, PARAVUR TALUK. 2 K.X.XAVIER S/O.K.L.XAVIER, KORAMANGALATH HOUSE, KOCHUKADAVANTHRA KARA, ELAMKULAM VILLAGE, KANAYANNOOR TALUK-682 020. BY ADV SRI.K.R.KRISHNA KUMAR THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S DIAS,J.

--------------------------- ----------------------------- Dated this the 28th day of September, 2022.

JUDGMENT

The learned counsel appearing for the petitioner submits that the original petition is not pressed. The said submission is recorded. The original petition is dismissed as not pressed. SD/- sks/28.9.2022 C.S.DIAS, JUDGE APPENDIX OF OP(C) 1642/2013 PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF PLAINT IN O.S.385/2008 DATED 18.6.2008 OF MUNSIFF'S COURT, NORTH PARAVUR. EXHIBIT P2: COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN EXHIBIT P1 SUIT ON 20.11.2008. EXHIBIT P3: COPY OF THE COMMISSION REPORT AND ROUGH SKETCH FILED IN EXHIBIT P1 SUIT IN I.A.NO.2079/08 DATED 31.7.08. EXHIBIT P4: COPY OF THE PETITION FILED BY THE PETITIONER AS IA.403/2010 IN O.S.385/08 ON 27.2.2010. EXHIBIT P5: COPY OF THE I.A.666/2010 IN O.S.385/08 DATED 3.4.2010 FILED BY THE RESPONDENTS. EXHIBIT P6: COPY OF THE I.A.117/2012 IN O.S.385/2008 FILED BY THE PETITIONER. EXHIBIT P7: COPY OF THE OBJECTION FILED BY 1ST RESPONDENT IN I.A.117/12 ON 14.2.2012. EXHIBIT P8: COPY OF ORDER IN I.A.117/2012 IN O.S.385/2008 DATED 23.7.2012.

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