Chulliyil Muhammed vs Kunhammed
2021 Latest Caselaw 2975 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                     OP(C).No.1811 OF 2020

                OS 13/2017 OF SUB COURT, MANJERI

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PETITIONER/PETITIONER/DEFENDANT:

             CHULLIYIL MUHAMMED
             AGED 50 YEARS
             S/O ALIHASSAN,
             PANDIKKAD POST,
             ERANAD TALUK, MALAPPURAM-676521.

             BY ADVS.
             SRI.K.M.FIROZ
             SMT.M.SHAJNA
             SRI.E.C.AHAMED FAZIL
             SRI.P.C.MUHAMMED NOUSHIQ

RESPONDENT/RESPONDENT/PLAINTIFF:

             KUNHAMMED
             AGED 55 YEARS
             S/O VALAPARAMBATH KUNHINOHAMMED, PAYYAPARAMB,
             PANDIKKAD POST, ERNAD TALUK, MALAPPURAM-676521.

             R1 BY ADV. SRI.R.RAMADAS

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
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                O. P. (C) No.1811 of 2020
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          Dated this the 27th day of January, 2021

                             JUDGMENT

The court below held the document in question

to be an agreement and not a bond as was contended by the petitioner in this original petition-

defendant in the suit. The court below noticed

that, the liability/obligation was not created

under the document in question, but that the

document only acknowledges the pre-existing

liability. A reading of the document justifies the

conclusion of the trial court; there is no creation

of any liability under the document.

2. This original petition lacks merit and is

accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge OP(C).No.1811 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAITN IN OS NO.13 OF 2017 ON THE FILES OF SUB COURT MANJERI.

EXHIBIT P1(a) TRUE COPY OF THE INSTRUMENT DATED 06.09.2016.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.13 OF 2017 ON THE FILES OF SUB COURT MANJERI.

EXHIBIT P3 CERTIFIED COPY OF THE ORDER IN OS NO.13 OF 2017 ON THE FILES OF SUB COURT MANJERI.

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