XAVIER Vs. SAJITHA

JUDGEMENT

(1.) The prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.K.G.Balasubramanian, learned counsel appearing for the petitioner. In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.

(3.) The petitioner herein is defendant No.5 in O.S.No. 466/1994 on the file of the Principal Sub Court, Irinjalakuda. The suit was for injunction against the defendants. The petitioner had filed counter claim for recovery of possession of property. The said suit O.S.No. 466/1994 was dismissed and the counter claim of the petitioner herein was decreed. Thereupon, the plaintiff in the O.S. had filed appeal suit, A.S.No. 249/2003 before this Court so as to impugn the judgment and decree in O.S.No.466/1994. This Court had allowed the said appeal suit in part confirming the counter claim, whereby the counter claim decreed in favour of the petitioner was confirmed and the suit was remanded for considering the prayer for injunction. The plaintiff had appeared before the trial court in the O.S. after the remand, consequent to the appellate judgment and accordingly O.S.No. 466/1994 was dismissed, it is averred.