IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 28^TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946 WP(C) NO. 9745 OF 2024 PETITIONER:

NIDHIN AGED 30 YEARS RESIDING AT KADUVETTUVELI, CMC -8, CHERTHALA P.O, ALAPPUZHA, PIN – 688524.

BY ADV S.SUJINI RESPONDENTS:

1 PRESIDING OFFICER, MAINTENANCE TRIBUNAL UNDER THE MAINTENENCE OF WELFAE & SENIOR CITIZENS ACT, 2007 OPPOSITE DISTRICT COURT ALAPPUZHA, PIN – 688001.

2 NALINI AGED 85 YEARS RESIDING AT KADUVETTUVELI, CMC -8, CHERTHALA P.O, ALAPPUZHA, PIN – 688524.

BY ADV.SRI.BINOY DAVIS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Dated this the 28^th day of May, 2024 Counsel for the petitioner submits that the complainant before the Maintenance Tribunal, who is the 2^nd respondent in the writ petition, passed away.

In view of the above, recording the said submission, the writ petition is disposed of.

Sd/-

N. NAGARESH JUDGE ams APPENDIX OF WP(C) 9745/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED WILL NO.

11 IN VOLUME 7 , BOOK NO.3 ON

17.05.1975 OF LATE VAVA Exhibit P2 TRUE COPY OF THE DEED OF RELINQUISHMENT DATED 28.12.2009 EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF LATE UDAYABHANU ExhibitP 3 TRUE COPY OF THE SETTLEMENT DEED DATED

28.12.2009 EXECUTED IN THE NAME OF THE

2ND RESPONDENT BY LATE UDAYABHANU.

Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED DATED

20.05.2022 EXECUTED IN THE NAME OF THE PETITIONER BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE PARTITION DEED NO.

1412/I/2023 DATED 05.06.2023 Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 06.06.2023 BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA OBTAINED UNDER RIGHT TO INFORMATION ACT FROM THE VILLAGE OFFICER, KOKKOTHUMANGALAM ON

12.10.2023 Exhibit P7 TRUE COPY OF THE PLAINT FILED BY THE

2ND RESPONDENT AND THE DAUGHTER OF THE 2ND RESPONDENT AS OS NO. 36/2023 ,TOGETHER WITH IA NO. 1/2023 BEFORE SUB COURT, CHERTHALA.

Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT AND OBJECTION FILED BY THE PETITIONER /DEFENDANT IN OS NO. 36/2023.

Exhibit P9 TRUE COPY OF THE UNDATED COMMUNICATION SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 16.01.2024 Exhibit P11 TRUE COPY OF THE PLAINT NUMBERED AS OS NO. 110/2024 BEFORE MUNSIFF'S COURT, CHERTHALA FILED BY THE 2ND RESPONDENT TOGETHER WITH HER ELDER DAUGHTER BHASURANGI AGAINST THE PETITIONER