IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 OP(C) NO. 1719 OF 2018 AGAINST THE ORDER/JUDGMENT IN OS 895/2007 OF I ADDITIONAL SUB COURT, ERNAKULAM PETITIONER:

CHINNAMMA KURIAN AGED 81 YEARS W/O.LATE KURIAN, ATHANIKKAL HOUSE, TRIPUNITHRA P.O., NADAMMA VILLAGE, ERNAKULAM DISTRICT, PRESENTLY RESIDING AT FLAT NO.3, PORNA GARDENS LOTUS PROPERTY, OPP.PALACE OVER GROUNDS, KANNANKULANGARA, TRIPUNITHURA.

BY ADV SRI.RENNY AUGUSTINE RESPONDENTS:

*1 SCARIA AGED ABOUT 65 YEARS, S/O.MATHU,PAVANAKKATTU KUZHIYANJAL,KAKKANADU KARA, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 030. (*DIED)

ADDL. R2. ANNAMMA, W/O. SCARIA, AGED ABOUT 68 YEARS, PAVANAKKATTU KUZHIYANJAL KAKKANADU KARA, KANAYANNUR TALUK, ERNAKULAM DISTRICT ADDL. R3. MATHEW SCARIA, S/O.SCARIA, AGED ABOUT 50 YEARS, PAVANAKKATTU KUZHIYANJAL, KAKKANADU KARA, KANAYANNUR TALUK ERNAKULAM DISTRICT ADDL. R4. PAUL SCARIA, S/O.SCARIA, AGED ABOUT 48 YEARS, PAVANAKKATTU KUZHIYANJAL, KAKKANADU KARA, KANAYANNUR TALUK, ERNAKULAM DISTRICT ADDL. R5. PETER SCARIA, S/O.SCARIA AGED ABOUT 46 YEARS,PAVANAKKATTU KUZHIYANJAL, KAKKANADU KARA, KANAYANNUR TALUK, ERNAKULAM DISTRICT (THE LEGAL HEIRS OF R1 ARE IMPLEADED AS ADDL.R2 TO R5 AS PER ORDER IN I.A.NO.1/2020 DATED 09.03.2022)

BY ADVS.

E.D.GEORGE P.V. ANILKUMAR D. SARITHA LINU G. NATH BENET SELVAN S.

BRISONE T. MATHEW THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 9^th day of March, 2022 This Original Petition has been filed under Article 227 of the Constitution of India.

2. In this case, Adv.Renny Augustine, the learned counsel for the petitioner submitted that he has relinquished the Vakalath as on today. It is submitted further that two months back, a letter also has been sent to the party concerned informing relinquishment of Vakalath. Submission is recorded. Hence, it appears that the petitioner is not interested to proceed with this petition.

3. The respondents represented through Adv.P.D.George and pressed for vacating the stay.

4. In fact, in view of the stay granted in this matter, execution of the decree has been stalled. Since the petitioner is not interested to proceed with the matter, the Original Petition can be dismissed and the interim stay can be vacated. Eventually, this Original Petition stands dismissed and the interim stay shall stand vacated.

There shall be a direction to the execution court to expedite the execution of the decree within a period of one month.

Registry shall forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr APPENDIX OF OP(C) 1719/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.895/2007 DATED 29/02/2011 OF SUB COURT, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE EP NO.586/2011 IN OS NO.895/2007 BEFORE THE SUB COURT, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF DISCHARGE SUMMARY DATED

19/9/2016 ISSUED BY MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF DRAFT SALE PROCLAMATION DATED 16/3/2018 SUBMITTED BY THE RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23/6/2018 OF SUB COURT, ERNAKULAM.