LAWS(KER)-2020-7-256

PULUKKUL GEETHA Vs. THAZHATH VALAPPIL KUNHIRAMAN

Decided On July 23, 2020
Pulukkul Geetha Appellant
V/S
Thazhath Valappil Kunhiraman Respondents

JUDGEMENT

(1.) The petitioner is the 5th plaintiff in O.S. No. 246 of 2004 on the file of the Munsiff's Court, Taliparamba. She along with respondents 12 to 15 have filed the suit for fixation of boundary and permanent prohibitory injunction. As per the judgment and decree dated 30.01.2010, the learned Munsiff dismissed the suit. Aggrieved by the said verdict, this petitioner and the other plaintiffs have filed an appeal, A.S. No. 82 of 2010, before the Sub Court, Payyannur. While the appeal was pending, a petition has been filed before the appellate court seeking withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn. Thereafter, this petitioner and the other plaintiffs have filed a petition to restore the appeal and that was also dismissed. That order was challenged before this Court in O.P.(C) No. 3444 of 2018. That original petition was disposed of by this court on 21.12.2018 giving an opportunity to the parties to approach the lower appellate court for appropriate remedies. Thereafter, Ext.P7 review petition was filed before the Sub Court, Payyannur. Ext.P8 application for injunction was also filed.

(2.) The grievance of the petitioner is that both the petitions are pending right from 2019 and hence, this petition seeking the following reliefs:

(3.) Heard the learned counsel for the petitioners as well the learned counsel for the respondents 1 to 11.