Nafsal Rameez vs V.Muhammed Musthafa
2022 Latest Caselaw 2734 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                          OP(C) NO. 496 OF 2022
AGAINST ORDER/JUDGMENT IN I.A.NO.10/2020 IN O.S.NO.38/2017 PENDING BEFORE
                 THE SUB COURT, MANJERI DATED 02.03.2020
PETITIONER/PETITIONER/2ND DEFENDANT:

            NAFSAL RAMEEZ
            AGED 34 YEARS
            S/O.ABDUL AKBAR KORALIYIL HOUSE
            PILAKKATHADAM, MANKADA P.O.
            MALAPPURAM DISTRICT
            BY ADVS.
            JAMSHEED HAFIZ
            K.K.NESNA


RESPONDENTS/RESPONDENTS/PLAINTIFF AND 1ST DEFENDANT:

     1      V.MUHAMMED MUSTHAFA
            AGED 58 YEARS,
            S/O.LATE MOOSA HAHI,
            VARIKKODAN HOUSE, MALAPPURAM AMSOM
            KIZHUMURI DESOM, DOWN HILL P.O.
            MALAPPURAM DISTRICT-676 519
     2      V.SHAJAHAN,
            AGED 48 YEARS,
            S/O.LATE IBRAHIMKUTTY, VARIKKODAN HOUSE
            PERINTHALMANNA P.O.,
            MALAPPURAM DISTRICT - 679 322

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 496 OF 2022
                                2


                             JUDGMENT

Dated this the 11th day of March, 2022

This Original Petition has been filed under Article 227 of

the Constitution of India.

2. In this case, the petitioner, who is the second

defendant in O.S.No.38/2017 on the files of the Sub Court,

Manjeri filed I.A.No.10/2020 before the trial court to re-call

the decree and judgment.

3. In page No.25 of this paper book, compromise by

way of mediation entered into between the plaintiff and the

defendants duly signed by the petitioner herein who is the

second defendant is also placed.

4. In fact, the petitioner wants to impeach the

process of mediation by filing this petition. I am not inclined

to address the matter and leave the same to be decided by

the trial court. However, in the interest of justice, the Sub

Judge, Manjery is directed to dispose of I.A.No.10/2020 on or

before 31.03.2022.

OP(C) NO. 496 OF 2022

In the result, the Original Petition stands allowed.

Registry shall forward a copy of this judgment to the

court below concerned, within seven days, for information

and compliance.

Sd/-

A. BADHARUDEEN JUDGE

nkr OP(C) NO. 496 OF 2022

APPENDIX OF OP(C) 496/202

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.38/2017 BEFORE THE SUB COURT, MANJERI DATED 31.08.2017.

EXHIBIT P2 A TRUE COURT OF THE JDUGMENT AND DECREE IN O.S.38/2017 PASSED BY THE SUB COURT, MANJERI DATED 27.02.2018 EXHIBIT P3 A TRUE COPY OF THE E.P.77/2019 IN O.S.NO.38/2017 FILED BY TEH 1ST RESPONDENT/PLAINTIFF DATED 30.09.2019 EXHIBIT P4 A TRUE COPY OF THE I.A.NO.10/2020 IN O.S.38/2017 PENDING BEFORE THE SUB COURT, MANJERI EXHIBIT P5 A TRUE COPY OF THE NOTICE ISSUED BY THE SUB COURT, MANJERI IN E.P.77/2019 IN O.SNO.38/2017