High CourtsSingle Bench(2022) 11 KL CK 0080

Rajamma vs Inish Boban

High Court Of Kerala · Decided on 8 November 2022

HON’BLE JUDGES
C.S.Dias, J
RESULT
Dismissed
CASE NUMBER
Original Petition (C) NO. 678 Of 2021 And Civil Revision Petition No.309 Of 2022

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Judgment

7 paragraphs · 202 words

C.S Dias, J

1.

As the parties are the same and the dispute revolves around the final decree proceedings in FDIA No.1711/1988 in OS No.49/1983 of the Court of the Subordinate Judge (Additional ), Palakkad (the court below), these cases are being disposed of by the common judgment/order.

2.

OP(C) No.678/2021 is filed challenging Ext P6 order passed by the court below in IA No.1016/2020 in FDIA No.1711/1988 permitting the final decree to be engrossed.

3.

CRP No.309/2022 is filed challenging the order passed by the court below deputing an Amin to deliver the property to the respondents.

4.

The pivotal point of the petitioners in both the cases is that, CRP No.542/2019 filed by them, challenging the dismissal of the review petition filed in FDIA No.1711/1988, is pending before this Court. It is during the pendency of the above revision petition, the impugned orders have been passed.

5.

This Court by its judgment dated 8.11.2022 has dismissed CRP No.542/2019 by a separate order. In view of the dismissal of CRP No.542/2019, I hold that the above two cases have become infructuous and are only liable to be dismissed.

In the result, I dismiss OP(C) No.678/2021 and CRP No.309/2022 at the threshold.