Sabu Issac vs Antony Chacko - 2020 Supreme(Ker) 650

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Ker) 650

Sabu Issac – Appellant
Versus
Antony Chacko – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sri. Mathew John (K), Sri.Mathew Devassi, Sri.Aby J Augustine, Advs.
For the Respondent: Sri.K.V.Sadananda Prabhu, Adv.

JUDGMENT :

An order passed by the first appellate court, granting permission to the plaintiff to withdraw the two suits instituted by him with liberty to file fresh suit/suits on the same subject matter, is under challenge in these original petitions.

2. The petitioner is the first defendant in the suit O.S.No.266/2011 and the sole defendant in the suit O.S.No.9/2015 on the file of the Sub Court, Alappuzha. The respondent herein is the plaintiff in these two suits.

3. The second defendant in the suit O.S.No.266/2011 is not a party to these original petitions. However, for the sake of convenience, the parties shall be hereinafter referred to as 'the plaintiff' and 'the defendant'.

4. The plaintiff had instituted the suit O.S.No.266/2011 in the Sub Court, Alappuzha for granting a decree for cancellation of sale deed No.2930/2008 of S.R.O Pulinkunnu which was executed by the second defendant in favour of the first defendant. The decree for cancellation of that document was sought by the plaintiff on the ground that the second defendant had no property in survey No.60/1 which was mentioned in that document. The plaintiff had not raised any plea in this suit that he had any right, title or