IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
OP(C).No.1658 OF 2016(O)
IA NO. 276/2016 IN OS 72/2012 DATED 18-06-2016 OF MUNSIFF COURT,
PAYYOLI
.......
PETITIONER/SUPPL. PLAINTIFF NO.1:
MEMU
AGED 55 YEARS
55 YEARS, W/O.KHADERKUTTY, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS/DEFENDANTS/:PLAINTIFF/SUPPL. PLAINTIFF NOS. 2 TO 4
1 SOUJATH
AGED 36 YEARS
W/O.SHAMSU, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
2 KUNHALEEMA
AGED 56 YEARS
56 YEARS, W/O.HAMEED, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO), KOYILANDY
TALUK, KOZHIKODE (DIST) 673529
3 VAHEEDHA
AGED 28 YEARS
D/O.HAMEED, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
4 HARIS
AGED 28 YEARS
D/O.HAMEED, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
OP(C).No.1658 OF 2016(O)
5 KADHERKUTTY
AGED 65 YEARS
S/O.MUHAMMAD, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529 (DIED)
6 SIRAJ KHADER
AGED 34 YEARS
S/O.KADHERKUTTY, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
7 RIYAS
AGED 32 YEARS
S/O.KHADERKUTTY, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
8 NOUFAL
AGED 27 YEARS
S/O.KHADERKUTTY, CHERUKUTTIYIL HOUSE,
THRIKKOTTUR AMSOM DESOM, THIKKODI (PO),
KOYILANDY TALUK, KOZHIKODE (DIST) 673529
R1 BY ADV. SRI.R.BINDU SASTHAMANGALAM
R1-2, R4 BY ADV. SRI.PRASANTH M.P
R1-2, R4 BY ADV. SRI.R.BINDU (SASTHAMANGALAM)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O.P. (C) No.1658 of 2016
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Dated this the 8th day of January, 2021
JUDGMENT
This original petition is filed by the supplemental plaintiff No.1 in the suit. The suit is one for injunction, both prohibitory and mandatory.
2. Seeking remission of the Commissioner's Report, the petitioner filed IA 375/2015. The application was filed on the date the suit was listed for trial. The trial court dismissed the application. The suit was subsequently dismissed for default. After restoration, the petitioner filed IA 276/2016 seeking review of the order on IA 375/2015. The said application was dismissed by the trial court. The order is under challenge in this Original Petition.
3. As noticed above, the application seeking remission of the Commissioner's Report was filed on the date on which the suit was listed for trial. The suit is of the year 2012. The interest of the O.P. (C) No.1658 of 2016 :- 2 :-
petitioner would be safeguarded if the petitioner is afforded an opportunity during the course of trial, to adduce evidence in support of the petitioner's contention that the Commissioner's Report needs to be remitted. On such materials if the trial court finds that the report needs to be remitted, then it shall be open for the trial court to do so notwithstanding the orders on IA 375/2015 and IA 276/2016.
The original petition is disposed of as above.
SATHISH NINAN JUDGE kns/-
OP(C).No.1658 OF 2016(O) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT OF OS.NO. 72/2012 OF MUNSIFF COURT, PAYYOLI EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT IN OS.NO. 72/2012 OF MUNSIFF COURT, PAYYOLI EXHIBIT P3 TRUE COPY OF THE PETITION AND THE AFFIDAVIT FILED BY THE PETITIONER AS IA.NO. 375/2015 IN. OS.NO. 72/2012 OF THE MUNSIFF COURT, PAYYOLI EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS IA.NO. 276/2016 IN OS.NO. 72/2012 OF THE MUNSIFF COURT, PAYYOLI EXHIBIT P5 TRUE COPY OF THE ORDE OF IA.NO. 276/2016 IN OS.NO. 72/2012 DATED 18.06.2016 OF THE MUNSIFF COURT, PAYYOLI
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