High CourtsSingle Bench(2022) 06 KL CK 0354

Susheelan vs Lilly Benchamin

High Court Of Kerala · Decided on 30 June 2022

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Allowed
CASE NUMBER
Original Petition (C) No. 1148 Of 2022

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Judgment

8 paragraphs · 201 words

A. Badharudeen, J

1.

This Original Petition has been filed by the defendants in O.S.No.21 of 2022 under Article 227 of the Constitution of India. The prayer in the petition is to direct Sub Court, Mavelikkara to consider and pass orders in I.A.No.6/2022 (Ext.P4) in the above suit.

2.

Heard the learned counsel for the petitioners.

3.

It is noticed that I.A.No.6/2022 was filed to review Ext.P2 order in I.A. No.2/2022, which is a conditional order of attachment. Therefore, hearing and disposal of I.A.No.2/2022 on merits, after considering the objection of the petitioners, would serve the purpose, practically sought for in I.A. No.6/2022 by way of review.

4.

Considering  the  minimum  prayer  in this way, there is no need to issue notice to the respondent. Therefore, notice to the respondent is dispensed with.

There shall be a direction to the learned Sub Judge, Mavelikkara to hear and dispose of I.A.Nos.2/2022 and 6/2022 in O.S.No.21/2022 within a period of 30 days from the date of receipt of a copy of this judgment.

The Registry is directed to forward a copy of this judgment to the court below concerned, within 7 days from today.

Accordingly, this Original Petition is allowed as indicated above.