IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 OP(C).No. 598 of 2011(O) ------------------------ AGAINST THE ORDER IN IA.109/2011 IN OS.44/2007 of SUB COURT,THODUPUZHA .................... PETITIONER: ---------------------- THOMAS (WRONGLY SHOWN AS DEVASSIA), AGED 75, S/O.MATHAI, NATTUNILATHU HOUSE, ARATUKULAM KARA, ARATUKULAM VILLAGE, THRISSUR. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). RESPONDENT(S): --------------------------- JAISON, S/O.THOMAS, MULLAPILLIL HOUSE, KARIMKUNNAM VILLAGE, REP.BY HIS POWER OF ATTORNEY HOLDER MOLLY THOMAS, W/O.SIMON MATHEW, KOOTTAMAKOONPIL HOUSE, PUTHUVELI.P.O., KOTTAYAM DISTRICT. 686 641. BY ADVS. SRI.K.C.CHARLES, SRI.M.POLY MATHAI, SRI.P.CHELLAPPAN, SRI.E.N.HARI, SRI.VIMAL K.CHARLES, SMT.A.T.RENJU. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C) NO.598/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT BETWEEN THE PLAINTIFF AND THE DEFENDANT DTD. 13/04/06. P2: COPY OF THE CHALAN FOR DEPOSIT OF AMOUNT BASED ON THE DECREE IN O.S.NO.44 OF 2007 DTD. 5/02/2011. P3: COPY OF THE ORDER PASSED IN I.A.NO.109 OF 2011 IN O.S.NO.44 OF 2007 DTD. 5/02/2011 ON THE FILE OF THE SUB COURT, THODUPUZHA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO. 598 OF 2011 ------------------------------- DATED THIS THE 23RD DAY OF FEBRUARY, 2011 JUDGMENT This original petition is filed challenging Ext.P3 order passed in IA.No.109/2011 in O.S.No.44/2007 on the file of the Sub Court, Thodupuzha. By the said order the learned Sub Judge directed the parties to maintain status quo till the appeal period is over. 2. When this original petition was taken up for final hearing, the learned counsel for the respondent brought to the notice of this Court the interim order passed by the Division Bench of this Court in I.A.No.557/2011 in R.F.A.No.113/2011 filed against the judgment and decree passed in O.S.No.44/2007. In the light of the fact that the respondents have already filed the appeal and that the same is pending consideration, the remedy open to the petitioner herein is to move the Division Bench of this Court for appropriate orders. Without prejudice to the right of the petitioner -2- OP(C).No.598/11 to move the Division Bench of this Court for appropriate orders in R.FA.No.113/2011, this original petition is dismissed as infructuous. HARUN-UL-RASHID, Judge. kcv.