Disposed

Aisha Kareem v. Anil Mohammed

Kerala HC4 Jul 2008WP(C)/2893/2008

Case brief

AI extract

What is this about?

In this writ petition, the court disposed of the matter after noting that the petitioner sought a stay on a Munsiff Court suit to enable a transfer application. An order of stay had been granted five months prior, and the petitioner was permitted to approach the District Court separately.

What did the court decide?

Writ petition disposed; liberty granted to move for transfer before the District Court.

Aisha Kareem Vs Anil Mohammed — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930

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WP(C).No. 2893 of 2008(T) ------------------------OS.1093/2007 of PRL.M.C.,ERNAKULAM ....................

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PETITIONER:

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AISHA KAREEM, W/O. P.M.KAREEM, AGED 46, PUTHENVEETTIL HOUSE, PERINGALA P.O.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENTS:

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ANIL MOHAMMED, S/O. LATE MUHAMMED, BHAVANAPARAMBIL HOUSE, N.H. BYE-PASS, THAMMANAM P.O., KOCHI.

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JAMAL MOHAMMED, S/O. LATE MUHAMMED, BHAVANAPARAMBIL HOUSE, N.H. BYE-PASS, THAMMANAM P.O., KOCHI.

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R1, R2 BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN WPC.2893/08

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PETITIONER'S EXHIBITS :

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EXT.P1: TRUE COPY OF THE PLAINT O.S.NO.1093/07 OF THE MUNSIFF COURT, ERNAKULAM.

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EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.1093/07.

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EXT.P3: TRUE COPY OF SUIT FILED BY THE PETITIONER AND OTHERS BEFORE THE SUB COURT, ERNAKULAM.

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EXT.P4: TRUE COPY OF PETITION FOR ADJOURNMENT FILED BY THE PETITIONER.

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/TRUE COPY/

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M.SASIDHARAN NAMBIAR, J.

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W.P.(C) No.2893 of 2008

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Dated this the 4^th July, 2008.

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J U D G M E N T

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The learned counsel appearing for the petitioner is

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heard.

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The learned counsel submitted that

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O.S.No.142/2008 is filed before Sub Court, Ernakulam., and O.S.No.1093/2007 is to be tried along with that suit. The prayer in the petition itself is for a direction to Munsiff to keep in abeyance so that petitioner could get an order for transfer. An order of stay was granted on 24.1.2008. More than five months expired thereafter. In such circumstances, this petition is disposed. Petitioner is at liberty to move for transfer before the District Court.

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M.SASIDHARAN NAMBIAR, JUDGE

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nj.

Aisha Kareem v. Anil Mohammed

Case brief

What is this about?

What did the court decide?

Aisha Kareem v. Anil Mohammed

Case brief

What is this about?

What did the court decide?

What the court decided

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