IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 OP(C).NO. 1969 OF 2011(O) --------------------------------------- ELE.OP.18/2010 OF MUNSIFF COURT, MUVATTUPUZHA PETITIONER: -------------------- LIGI JOMI, AGED 35 YEARS,W/O.JOMI, KANNOTHKUZHIYIL HOUSE,MUVATTUPUZHA TALUK, PERUMBALLOOR,PIN-686673. BY ADV. SRI.C.P.SAJI RESPONDENT(S): ------------------------- ALPHONSA MATHEW,AGED 52 YEARS, W/O.MATHEW,NEEROLICKAL HOUSE, MUVATTUPUZHA TALUK, PERMBALLOOR.P.O,PIN-686673. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE ELECTION PETITION NO.18 OF 2010 FILED BY THE RESPONDENT BEFORE THE MUNSIFF'S COURT, MUVATTUPUZHA DATED 26.11.2010. EXHIBIT P2 TRUE COPY OF THE WRITTEN OBJECTION DATED 29.1.2011 FILED BY PETITIONER/RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 17.2.2011 FILED BY THE PETITIONER (RESPONDENT) IN THE ELECTION PETITION. EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 07.04.2011 FILED BY THE RESPONDENT THEREIN. RESPONDENT'S EXHIBITS: ------------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1969 of 2011 ==================================== Dated this the 05th day of July, 2011 J U D G M E N T This original petition is filed by the respondent in O.P. (Ele.) No.18 of 2010 of the court of learned Munsiff, Muvattupuzha. Petitioner challenged maintainability of the election petition on various grounds and wanted maintainability to be decided as a preliminary issue. Petitioner filed this Original Petition in this Court for a direction to the learned Munsiff to frame an issue regarding maintainability of the election petition and to hear Ext.P3, petition (challenging maintainability) and decide the same before recoding evidence in the case. Learned counsel for petitioner submitted that learned Munsiff has framed an issue regarding maintainability and the matter was heard but orders are awaited. 2. Since the prayer made by the petitioner in this Original Petition has already been complied except that learned Munsiff has not pronounced order on the question of maintainability it is not necessary to retain this Original petition. Resultantly without prejudice to the right of petitioner to approach this Court again if necessary and circumstances warranted, this Original Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv