High CourtsSingle Bench(2010) 11 KL CK 0225

Joseph vs Thressia @ Baby and Others

High Court Of Kerala · Decided on 8 November 2010

HON’BLE JUDGES
Thomas P. Joseph, J
RESULT
Dismissed
CASE NUMBER
O.P. (C) No. 620 of 2010

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Judgment

2 paragraphs · 231 words

Thomas P. Joseph, J.—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 2010 in that appeal. It is also submitted that in view of filing of the appeal this revision petition is not being pursued.

2.

Resultantly this petition is closed.