SEENA Vs. MANOHARAN

JUDGEMENT

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

(2.) Heard Smt.M.M.Deepa, learned counsel appearing for the petitioner. In the nature of the orders proposed to be passed in this petition, notice to the respondents will stand dispensed with.

(3.) It is stated that the petitioner is the prior assignee of the plaint schedule property involved in O.S.No.323 of 1999 on the file of the court of the Principal Sub Judge, Thalassery, and the petitioner had later filed an Original Suit, O.S.No.361 of 2011 before the said court, seeking a declaration that the abovesaid decree in O.S.No.323 of 1999 is not binding and is unenforceable against her and her properties. The said Original Suit, O.S.No.361 of 2011 was dismissed as per the judgment and decree dated 28.11.2017. It is also stated that immediately thereafter on 29.11.2017 the petitioner had filed application for grant of certified copy as well as carbon copy of the impugned judgment and decree in O.S.No.361 of 2011 as per Copy Applications, C.A.No.2293 of 2017 and C.A.No.2300 of 2017. The first respondent herein was the plaintiff in O.S.No.323 of 1999 in which the petitioner's father was the defendant and the first respondent herein is the sole defendant in O.S.No.361 of 2011 filed by the petitioner herein.