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High Court of KeralaOP(C)/2447/2015allowed

Safarulla v. Jabbar

2015-10-26Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 OP(C).No. 2447 of 2015 (O) --------------------------- AGAINST THE ORDER/JUDGMENT IN OS 178/2007 of MUNSIFF COURT,VARKALA ----------------------------------- PETITIONER(S)/PLAINTIFF:

---------------------------------------------- SAFARULLA AGED 58 YEARS S/O.ABDUL HAMEED, B.S.MANZIL, NADAYARA OTTAPALAM DESOM, CHEMMARATHI VILLAGE, ATTINGAL THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S)/DEFENDANTS:

--------------------------------------------------

1. JABBAR S/O.IBRAHIM, SAJANA MANZIL, VARKALA THIRUVANANTHAPURAM DISTRICT-695 141.

2. ASHARAF S/O.ABDUL AZIZ, PLAVILA HOUSE, NADAYARA VARKALA, THIRUVANANTHAPURAM, PIN-695 141.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2447 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT.P1 : TRUE COPY OF THE APPEAL MEMORANDUM AS 9/2015. EXHIBIT.P2 ; TRUE COPY OF THE APPEAL MEMORANDUM AS 11/2005. EXHIBIT.P3 : TRUE COPY OF THE ORDER IN IA 2053/2009 IN OS 178/2007 DT 2610-2009 BY THE MUNSIFF COURT, VARKALA. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //TRUE COPY// PA TO JUDGE

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)NO.2447 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October, 2015

J U D G M E N T

Petitioner is the plaintiff in O.S.178 of 2009 of Munsiff Court, Attingal. There were two earlier suits allegedly in respect of the very same property. Those suits were disposed of. The appeals filed against the decrees are still pending. By Ext.P3 order the learned Munsiff stayed the trial of the present suit till the disposal of the appeals. The complaint is that notwithstanding the stay order the learned Munsiff is proceeding with the trial of the suit. 2.

Heard.

3.

If the allegation that the learned Munsiff is proceeding with the trial of O.S.178 of 2007 not withstanding Ext.P3 order is correct is illegal. The learned Munsiff shall wait till the disposal of the appeals unless Ext.P3 order is set aside or otherwise modified. In the result, this O.P is allowed. The learned Munsiff is directed to not to proceed with the trial of the suit till the disposal of the appeals mentioned in Ext.P3 order or

O.P.(C)NO.2447 of 2015 unless Ext.P3 order is set aside or modified in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge