High Court of KeralaOP(C)/2100/2014disposed of

P.K.Ibrahimkutty v. P.P.Kalid

2015-06-22Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 OP(C).No. 2100 of 2014 (O) --------------------------- IA NO.1037/2014 & IA 1038/2014 IN AS 13 OF 2013 OF SUB COURT TIRUR --------------- PETITIONERS :

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1. P.K.IBRAHIMKUTTY, AGED 70 YEARS, S/O. KUNHAVARU, PUHENPURAKKAL HOUSE, P.O. OTHALUR MALAPPURAM DISTRICT.

2. V. MUHAMMADUNNI, S/O. AVARAN, VIRALIPPURATHU HOUSE, P.O. MOOKUTHALA MALAPPURAM DISTRICT.

BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.VINOD RAVINDRANATH SRI.SAJU.S.A SRI.K.C.KIRAN SRI.M.DEVESH RESPONDENTS :

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1. P.P. KALID S/O. MUHAMMEDKUTTY, PARANGODATHU VALAPPIL HOUSE, P.O. KOKKUR, MALAPPURAM DISTRICT-679523.

2. T.M. SALAM, S/O. MOIDUNNI, THYKOOTTUVALAPPIL HOUSE, P.O., OTHALUR SOUTH, MALAPPURAM DISTRICT-679534.

R1 & R2 BY ADV. SRI.R.O.MUHAMED SHEMEEM BY ADV. SMT.NASEEHA BEEGUM P.S.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp

OP(C).No. 2100 of 2014 (O) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE PLAINT IN O.S. 233/2008 DATED 14-11-2008. P2:

TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS DATED 1-5-2009.

P3:

TRUE COPY OF THE JUDGMENT DATED 20-12-12 IN O.S. 233 OF 2008 ON THE FILE OF THE COURT OF THE MUNSIFF MAGISTRATE OF PONNANI. P4:

TRUE COPY OF THE ORDER OF THE COURT OF THE SUBORDINATE JUDGE OF TIRUR IN I.A. 1037/2014 AND I.A. 1038/2014 IN A.S. 13/2013 DATED 3-9-2014. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

B.KEMAL PASHA, J.

================== O.P.(C). No.2100 of 2014 ================== Dated this the 22nd day of June, 2015

J U D G M E N T

Exhibit P4 order is under challenge. It seems that the suit was filed by one Trust against another Trust. At the same time, instead of making the Trust itself as the 1st defendant, one A.P.Abdulkhadar Maulavi, 75 years, S/o.Enu Musliar, Adathiparambil House, P.O.Pathappiriyam, Edavanna. (Chairman, Assabah Association Trust, Pavittappuram, P.O.Othalur West) was impleaded as the 1st defendant. But on going through the tenor of the plaint as well as the judgment in the suit, it seems that the Trust itself was the party and the said A.P.Abdulkhadar Maulavi was impleaded as the Chairman of the said Trust named Assabah Association Trust. The said A.P.Abdulkhadar

O.P.(C). No.2100 of 2014 Maulavi died pending appeal. His legal representatives were sought to be impleaded. The court below has declined the request through Exhibit P4 order and directed the parties to implead the Chairman of the Assabah Trust as the legal representative of the deceased 1st appellant.

2. It seems that no interference is required in the matter. Even though originally it may appear that the said 1st defendant was impleaded in his personal capacity, it seems that the contents of the plaint as well as the judgment reveal that the said A.P.Abdulkhadar Maulavi was impleaded as the Chairman of the said Trust and the said Trust is the actual party. In such case, the present Chairman of the Trust has to be impleaded.

With the said observations, this Original Petition (Civil) is dismissed.

Sd/- B.KEMAL PASHA JUDGE DSV/23/6/15