Dr.Siraj Ahammed vs Kesavel Rajagopal Naidu
2021 Latest Caselaw 4349 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                      OP(C).No.343 OF 2021

  AGAINST THE ORDER DATED 16.12.2020 IN I.A.NO. 2982/2018 AND
      I.A.NO.2983/2018 IN OS 40/2014 OF I ADDITIONAL SUB
                   COURT,THIRUVANANTHAPURAM

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PETITIONER/PETITIONER/PLAINTIFF:

             DR.SIRAJ AHAMMED
             AGED 48 YEARS
             S/O.PAREED AHAMMED NIZAM, RESIDING AT TC 29/75/7,
             MGRA 34, RUDRA VEENA, PALKULANGARA, PATTATH
             VILLAGE, THIRUVANANTHAPURAM.

             BY ADV. SRI.RAJESH P.NAIR

RESPONDENT/COUNTER PETITIONER/DEFENDANT:

             KESAVEL RAJAGOPAL NAIDU,
             AGED 55 YEARS
             S/O.RAJAGOPAL NAIDU, RESIDING AT TC 29/75/7, MGRA
             34, RUDRA VEENA, PALKULANGARA, PATTATH VILLAGE,
             THIRUVANANTHAPURAM-695024 AND NOW RESIDING AT LOT
             2621, NEW TOWN TUGELA, KWAZULU, NATAL, SOUTH
             AFRICA.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                 O. P. (C) No.343 of 2021
           ==================
          Dated this the 5th day of February, 2021

                           JUDGMENT

The order impugned in this original petition is

appealable under Order XLIII Rule 1(C) of the Code of Civil Procedure.

2. This original petition is dismissed without

prejudice to the rights of the petitioner to

challenge the order impugned in appropriate

proceedings.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.343 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.40/2014 FILED BY THE PETITIONER HEREIN BEFORE THE LEARNED 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT IN O.S.NO.40/2014 DATED 28.08.2014 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE PHOTOCOPY OF THE PETITION I.A.NO.2982/2018 IN O.S.NO.40/2014 DATED 22.11.2018 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE PHOTOCOPY OF THE PETITION I.A.NO.2983/2018 IN O.S.NO.40/2014 DATED 22.11.2018 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENT HEREIN DATED 10.10.2019 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER DATED 16.12.2020 PASSED BY THE LEARNED 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM IN I.A.NO.2983/2018 IN O.S.NO.40/2014.

EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER DATED 16.12.2020 PASSED BY THE LEARNED 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM.

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