IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1313 OF 2020
AGAINST THE ORDER IN IA 537/2020 AND IA 280/2020 IN FDIA
NO.1511/2019 IN OS 780/2011 OF SUBORDINATE JUDGE (ADDL.)
PALAKKAD DATED 10.08.2020
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PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
HANEEFA
AGED 50 YEARS
S/O.YOOSAFF RAWTHER, ALAPPARAPPADI, BHAMMANIYOOR,
MANIYAPARA, KUTHANNUR, ALATHUR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/PETITIONERS/PLAINTIFF/DEFENDANTS NOS.3,4,7,9 & 11
AND RESPONDENTS NOS.1,5,6 & 8:
1 RAHMATH
AGED 57 YEARS
W/O.MUHAMMED ISMAIL, CHETTUPARAMBIL VEEDU,
ALATHURI, PALAKKAD.
2 BADHARUNNEESA,
AGED 53 YEARS
W/O.JAFFAR, 8/34, COLLEGE ROAD, PARAKUNNAM, KOPPAM,
PALAKKAD.
3 P.H.ABDUL RAHMAN,
AGED 31 YEARS
S/O.SARA, THOLANKAD, MANIYANPARA, KUTHANUR,
ALATHUR, PALAKKAD.
4 SALUDEEN,
AGED 54 YEARS
S/O.K.K.MEERAN, VALIYAPALLIVASAL, UKKADAM,
COIMBATORE, TAMIL NADU.
5 MUSTAFFA,
AGED 47 YEARS
S/O.K.K.MEERAN, VALIYAPALLIVASAL, UKKADAM,
COIMBATORE, TAMIL NADU.
OP(C).No.1313 OF 2020 -2-
6 SALIM @ ABDUL SALAM,
AGED 26 YEARS
S/O.HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O.,
PALAKKAD.
7 SAMEENA K.H.,
AGED 24 YEARS
D/O.HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O.,
PALAKKAD.
8 ZEENATH,
AGED 45 YEARS
D/O.K.K.VEERAN, VALIYAPALLIVASAL, UKKADAM,
COIMBATORE, TAMIL NADU.
9 MEHARUNEESA,
AGED 42 YEARS
D/O.K.K.VEERAN, VALIYAPALLIVASAL, UKKADAM,
COIMBATORE, TAMIL NADU.
10 ABUTHALI,
AGED 29 YEARS
S/O.HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O,.
PALAKKAD.
R1-4 BY ADV. SRI.B.PREMNATH
R1-4 BY ADV. SHRI.SARATH M.S.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O.P.(C) No.1313 of 2020
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Dated this the 7th day of January, 2021
JUDGMENT
An order directing auction among the sharers, of the right to conduct agricultural farming in the subject matter of the suit pending disposal thereof, is under challenge by the first defendant.
2. The suit is one for partition. A preliminary decree was passed and final decree proceedings are on. The property in question is a paddy field. It is only in the interests of all the parties that the property is not kept idle pending the litigation. The direction of the court auctioning out between the sharers the right to conduct agricultural farming pending the proceedings, is only just and equitable and warrants no O.P.(C) No.1313 of 2020 :- 2 :-
interference.
The original petition fails and is accordingly dismissed.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.1313 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 CERTIFIED COPY OF THE ORDER IN I.A.NO.537 OF 2020 IN RENDERED AS COMMON ORDER IN I.A.NOS.537 AND 280 OF 2020 IN FDIA NO.1511/2019 IN O.S.NO.780/2011 OF THE COURT OF THE SUBORDINATE JUDGE (ADDL), PALAKKAD DATED 10.08.2020.
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