Disposed

Mohammed Ashraf v. Chundamveettil Safiya and Another

Kerala HC9 Sept 2009WP(C)/17242/2009

Case brief

AI extract

What is this about?

This writ petition directed the Munsiff Court, Tirur, to provide the petitioner an opportunity to examine witnesses in an ongoing civil suit. The High Court held that denying this opportunity would cause injury and was not in the interests of justice, thereby allowing the reopening of evidence.

What did the court decide?

Directed the Munsiff to fix a date for the petitioner to produce all witnesses and dispose of the case expeditiously.

Mohammed Ashraf Vs Chundamveettil Safiya and… — Civil Procedure and Limitation | Kerala HC (2009)

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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 S.S.SATHEESACHANDRAN

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WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931

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WP(C).No. 17242 of 2009(O)

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-------------------------OS.248/2006 of MUNSIFF COURT, TIRUR

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PETITIONER(S):

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---------------

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MOHAMMED ASHRAF, CHUNDAMVEETTIL HOUSE, VETTOM AMSOM AND DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAMACHANDRAN

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RESPONDENT(S):

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---------------

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1. CHUNDAMVEETTIL SAFIYA, D/O. MOIDEENKUTTY, "SAFA", NEAR BLOCK OFFICE, TANUR, MALAPPURAM DISTRICT.

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2. ABOOBACKER, S/O. KUNHEETHU, THEKKEPEEDIYAKKAL, RAYIRAMANGALAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

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ADV. SRI.JAMSHEED HAFIZ FOR R1-2

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SRI.M.N.UNNIKRISHNAN FOR R1-2

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC.17242/09

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE AFFADIVIT AND THE PETITION IN I.A.NO.1434/09 IN O.S.NO.248/06 DATED 20.6.2009.

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EXT.P2: COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.1432/09 IN O.S.NO.238/06 DATED 20.6.09.

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EXT.P3: COPY OF AFFIDAVIT AND PETITION IN I.A.NO.1431/09 IN O.S.NO.238/06 DATED 20.6.2009.

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/TRUE COPY/

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P.A. TO JUDGE

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S.S.SATHEESACHANDRAN, J.

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W.P.(C).NO.17242 OF 2009 (O)

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Dated this the 9^th day of September, 2009

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J U D G M E N T

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The writ petition is filed seeking mainly the following

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relief:

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i. to direct the Munsiff's Court, Tirur to allow the petitioner to produce and examine the witnesses by allowing Ext.P1 and P2 applications, I.A.No.1434/2009 and I.A.No.1432/2009 in O.S.No.238/2006 of the Munsiff's Court, Tirur.

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Petitioner is the plaintiff in O.S.No.248 of 2006 on the

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file of the Munsiff's Court, Tirur. Respondents are the defendants in that suit. That suit is jointly tried with another suit, O.S.No.238 of 2006, which was instituted by the respondents. The suit instituted by the respondent (O.S.No.238 of 2006) is taken as the main case in which the

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WPC.17242/09 2

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parties adduced evidence. Petitioner had moved an application for examining witnesses in his case and that witness list was approved by the court. But on the day the trial commenced, petitioner, who volunteered to produce the witnesses could not produce them. Evidence was closed, and the case was posted for hearing. Petitioner applied for reopening of the evidence, and that was allowed; but, the posting made was to the date it was posted for hearing. An application moved for advancing the case was negatived by the learned Munsiff, and at that stage, apprehending that he will be denied of opportunity to examine his witnesses, he has approached this Court and filed this writ petition seeking the aforementioned relief.

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I heard the counsel on both sides. Having regard to the submissions made and taking note of the facts and circumstances presented, I find that whatever be the reasons which prevented the petitioner from producing the witnesses since the court has already reopened the case for further evidence allowing the application subsequently moved, it is

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WPC.17242/09

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only in the interest of justice, an opportunity is given to the petitioner to examine his witnesses. Denying the petitioner an opportunity to lead evidence to support his case would only cause injury, and further, not in the interest of justice. The learned Munsiff is directed to fix a date directing the petitioner to produce all his witnesses on that date for examination. Providing him such an opportunity, and if witnesses are produced, examining them, I direct the learned Munsiff to dispose the case as expeditiously as possible. With the above directions, this writ petition is disposed.

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S.S.SATHEESACHANDRAN JUDGE

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prp

Mohammed Ashraf v. Chundamveettil Safiya and Another

Case brief

What is this about?

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Mohammed Ashraf v. Chundamveettil Safiya and Another

Case brief

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What did the court decide?

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