IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 OP(C).No. 620 of 2010() ----------------------- OS.673/2008 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: -------------------- JOSEPH, S/O.VARGHESE, AGED 52 YEARS, DRIVER, KUNNAPPILLIL HOUSE, CHERANELLOR VILLAGE CHITTOOR DESOM, SOUTH CHITOOR PO, KANAYANNOOR TALUK, KOCHI 682 027 BY ADV. SRI.B.JAYASANKAR SMT.B.MEERA SRI.JAYADEEP MENON RESPONDENTS: --------------- 1. THRESSIA @ BABY, W/O.VARGHESE, AGED 74 YEARS, KUNNAPILLIL HOUSE, CHERANELLOOR VILLAGE CHITOOR DESOM, CHURCH ROAD, SOUTH CHITOOR PO, KANAYANNOOR TALUK, KOCHI 682 027 (DIED) 2. MARRY @ SHERLY,D/O.VARGHESE & W/O.P.A.JOSEPH,KUNNAPILLIL HOUSE, CHERANELLOOR VILLAGE,CHITOOR DESOM, CHERANELLOOR NOW RESIDING AT PULLAMPARAVIL HOUSE CHITOOR DESOM , SOUTH CHITOOR PO, PIN 682 027. 3. MANUAL, S/O.VARGHESE,AGED 50 YEARS, DRIVER, KUNNAPILLIL HOUSE,CHERANELLOOR DESOM, NOW RESIDING AT PAZHAMPILLY HOUSE,OCHAMTHURUTH, VYPIN PIN-682 508. 4. ANIE, D/O.VARGHESE & W/O P.X.JOSEPH, AGED 49 YEARS,,KUNNAPILLIL HOUSE, CHERANELLOOR DESOM, NOW RESIDING AT PULIMOOTTIL HOUSE,UDAYAMPEROOR PO, PIN 682 307. 5. JANCY, D/O.VARGHESE & W/O.BABU ABRAHAM AGED 48 YEARS, KUNNAPILLIL HOUSE, CHERANELLOOR DESOM, NOW RESIDING AT VELLAPPILLY HOUSE, KOLLIYAKKAL ROAD, PIRAVOM PO,PIN 686664. 6. PAUL PIOUS, S/O.VARGHESE, AGED 46 YERAS DRIVER,KUNNAPILLIL HOUSE,NEAR HMCA JUNCTION, CHITOOR DESOM ,CHERANELLOOR PIN 682 027. 7. SEBASTIAN @ SEALASTINE, S/O.VARGHESE AGED 41 YEARS, MERCHANT,KUNNAPPILLIL HOUSE CHURCH ROAD,CHITOOR DESOM,CHERANELLOOR PIN 682 027 8. JOHNY, S/O.VARGHESE, AGED 39, BUSINESS, KUNNAPPILLIL HOUSE,CHITOOR DESOM, CHERANELLOOR PIN 682 027 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.620 of 2010 --------------------------------------- Dated this 08th day of November, 2010 JUDGMENT This petition filed under Article 227 of the Constitution is directed against Exts.P11 and P12, orders. There are two suits in which petitioner is involved. In O.S.No.545 of 2008 petitioner filed I.A.No.1622 of 2010 for joint trial of that suit with O.S.No.673 of 2008. In O.S.No.673 of 2008 respondent filed I.A.No.4788 of 2009 challenging maintainability of the suit and requested the court to decide the same as a preliminary issue. Along with that petitioner also filed I.A.No.1621 of 2010 to call for records from the Tribunal concerned. Learned Sub Judge disposed of I.A.Nos.1621 of 2010 and 4788 of 2009. I.A.No.1621 of 2010 has been dismissed while I.A.No.4788 of 2009 was partly allowed and O.S.No.673 of 2008 has been dismissed as not maintainable as it is barred by limitation. Challenging these orders this original petition is filed. Learned counsel submits that against dismissal of suit on allowing I.A.No.4788 of 2009 petitioner has filed an appeal before the learned District Judge. Learned counsel states that petitioner has challenged the correctness of the order on I.A.Nos.1621 of 2010 and 1622 of O.P(C).No.620 of 2010 : 2 : 2010 in that appeal. It is also submitted that in view of filing of the appeal this revision petition is not being pursued. Resultantly this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-