Muhammedali vs Dr. Abdhu Rahiman Kutty
2021 Latest Caselaw 22148 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                         OP(C) NO. 1944 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 80/2019 OF SUB COURT, OTTAPPALAM,
                                PALAKKAD
PETITIONER/S:

     1     MUHAMMEDALI
           AGED 53 YEARS
           S/O HAMSA, AMABALATH VEETTIL HOUSE, PADINJARANGADI
           P.O.PALAKKAD DISTRICT-679 552.

     2     A.V.ABOOBACKER @ POKKU,
           AGED 52 YEARS
           S/O HAMSA, AMABALATH VEETTIL HOUSE, PADINJARANGADI
           P.O.PALAKKAD DISTRICT-679 552.

     3     A.V.HAMSA,
           AGED 26 YEARS
           S/O MUHAMMEDALI, AMABALATH VEETTIL HOUSE, PADINJARANGADI
           P.O.PALAKKAD DISTRICT-679 552.

           BY ADVS.
           JOHNSON MANAYANI
           JEEVAN MATHEW MANAYANI



RESPONDENT/S:

     1     DR. ABDHU RAHIMAN KUTTY, AGED 57 YEARS,
           S/O P.V.MUHAMMADKUTTY, CHAIRMAN, MINORITY EDUCATIONAL
           SOCIETY TRUST, ITS OFFICE AT OTHALLUR, PADINJARANGADI,
           PALAKKAD DISTRICT-679 534, PERMANENTLY RESIDING AT
           VADAKEVEETTIL, PALLAPRAM, PONNANI VILLAGE AND TALUK,
           MALAPPURAM DISTRICT 679 577

     2     ASHARAF,
           AGED 38 YEARS
           S/O ABOOBAKKAR, VICE CHAIRMAN, MINORITY EDUCATIONAL
           SOCIETY TRUST, ITS OFFICE AT OTHALLUR, PADINJARANGADI,
           PALAKKAD DISTRICT-679 534, PERMANENTLY RESIDING AT
 OP(C) NO. 1944 OF 2021
                                2

           VALIYAPEEDIKAKKAL, VELLALUR DESOM, KAPUR VILLAGE,
           PATTAMBI TALUK-679 552, PALAKKAD DISTRICT

     3     MOIDEEN SHA,
           AGED 44 YEARS
           S/O KAMMUKUTTY, GENERAL SECRETARY, MINORITY EDUCATIONAL
           SOCIETY TRUST, ITS OFFICE AT OTHALLUR, PADINJARANGADI,
           PALAKKAD DISTRICT-679 534, PERMANENTLY RESIDING AT
           PARAYIL VALAPPIL, PATTITHARA VILLAGE ALLUR AMSOSM,
           PATTAMBI TALUK-679 534

     4     MUSTHAFA,
           AGED 50 YEARS
           S/O MUHAMMAD HAJI, JOINT SECRETARY, MINORITY EDUCATIONAL
           SOCIETY TRUST, ITS OFFICE AT OTHALLUR, PADINJARANGADI,
           PALAKKAD DISTRICT-679 534, PERMANENTLY RESIDING AT
           KUNNATH, ERIKAMANA AAMSAM, EZHUVARATHI DESOM, PONNAI
           TALUK, MALAPPURAM DISTRICT 679 557 ( R4 DELETED AT THE
           RISK OF THE PETITIONER VIDE ORDER DATED 29.10.2021 IN IA
           1/2021)

     5     JAFFAR ALI,
           S/O ABDHU HAJI, KALLUMURIKKAL, TREASURER, MINORITY
           EDUCATIONAL SOCIETY TRUST, ITS OFFICE AT OTHALLUR,
           PADINJARANGADI PALAKKAD DISTRICT-679 534, PERMANENTLY
           RESIDING AT KALLURICKAL, AANAKARA VILLAGE, THOTTAZHIYAM
           DESOM, PATTAMBI TALUK, PALAKKAD DISTRICT-679 553.

     6     ABOOBAKKAR,
           AGED 49 YEARS
           S/O ABOOBAKKAR,TRUSTEE, MINORITY EDUCATIONAL SOCIETY
           TRUST, ITS OFFICE AT OTHALLUR, PADINJARANGADI, PALAKKAD
           DISTRICT-679 534, PERMANENTLY RESIDING AT VAZHIYALLATHIL
           HOUSE, ALLUR AMSOM, PATTITHARA VILLAGE, PATTAMBI TALUK,
           PALAKKAD DISTRICT-679 534.

     7     UMMAR,
           AGED 43 YEARS
           S/O MOHAMMED, TRUSTEE, MONORITY EDUCATION SOCIETY TRUST,
           ITS OFFICE AT OTHALLUR, PADINJARANGADI, PALAKKAD
           DISTRICT-679 534, PERMANENTLY RESIDING AT
           VAKKOLAVALAPPIL, KUMARANELLUR, ANGADI DESOM, KAPPUR
 OP(C) NO. 1944 OF 2021
                                3

           VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT-679 552.

     8     ABDUL AZIZ,
           AGED 47 YEARS
           S/O BAVA, TRUSTEE, MINORITY EDUCATIONAL SOCIETY TRUST,
           ITS OFFICE AT OTHALLUR, PADINJARANGADI, PALAKKAD
           DISTRICT-679 534, PERMANENTLY RESIDING AT PADIYAKATH
           ARRAKKAL, ERIKAMANA AMSAM, EZHUVATHURUTHY DESOM, PONNAI
           TALUK, MALAPPURAM DISTRICT-679 557

     9     NOORJHAKHAN
           AGED 49 YEARS
           D/O ABDULLA, VADAKAVEETIL, PALLAPRAM DESOM, PONNANI
           TALUK, MALAPPURAM DISTRICT-679 557

           BY ADV K.NANDINI




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1944 OF 2021
                               4



                            JUDGMENT

Dated this the 5th day of November 2021

Learned counsel for petitioner seeks permission to

withdraw the original petition. Learned counsel appearing

for respondents 1 to 3 and 5 to 9 raise strong objection,

contending that, even though this court had refuse to stay

the lower court proceedings and had ordered only

deferment of the trial on medical grounds, in the letter

issued to the counsel appearing for the respondent in the

trial court, it was stated that the proceedings had been

stayed by this court. Learned counsel for the petitioner

clarified the position by submitting that, in the letter issued

by him to his counter part in the trial court, instead of the

term 'deferment' the word 'stay' was typed by mistake.

Learned counsel submitted that the mistake was not

intentional. I am satisfied with the explanation offered. OP(C) NO. 1944 OF 2021

The original petition is hence dismissed as withdrawn,

leaving it open for the parties to raise all contentions before

the trial court.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1944 OF 2021

APPENDIX OF OP(C) 1944/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO 80/2019 OF SUB COURT OTTAPALAM DATED 3.10.2019

Exhibit P2 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PLAINTIFFS ON OS NO 80 OF 2019 OF SUB COURT OTTAPALAM DATED 6.10.2021

Exhibit P3 TRUE COPY OF THE COUNTER STATEMENT DATED 7.10.2021 FILED BY THE PETITIONERS TO THE RESPONDENTS EXT P2 PETITION

Exhibit P4 TRUE COPY OF THE REPLY AFFIDAVIT DATED 11.10.2021 FILED BY THE RESPONDENTS HEREIN TO THE EXT P3 COUNTER STATEMENT

Exhibit P5 TRUE COPY OF THE ORDER OF THE SUB COURT, OTTAPALAM IN IA NO 8/21 IN OS NO 80/2019 DATED 13.10.2021