Memu vs Plaintiff/Suppl. Plaintiff Nos. ...
2021 Latest Caselaw 783 Ker

             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.
            ==================
                  O.P. (C) No.1658 of 2016
            ==================
            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

-----