Safarulla v. Jabbar
Case brief
What is this about?
Petitioner challenged the Munsiff Court for proceeding with a suit despite a stay order. The High Court allowed the petition and directed the Munsiff to await the disposal of pending appeals or modification of the stay order.
What did the court decide?
Petitioner's prayer to restrain the Munsiff from proceeding with the trial until disposal of appeals is granted.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937
OP(C).No. 2447 of 2015 (O)
AGAINST THE ORDER/JUDGMENT IN OS 178/2007 of MUNSIFF COURT,VARKALA
PETITIONER(S)/PLAINTIFF:
SAFARULLA AGED 58 YEARS S/O.ABDUL HAMEED, B.S.MANZIL, NADAYARA OTTAPALAM DESOM, CHEMMARATHI VILLAGE, ATTINGAL THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENT(S)/DEFENDANTS:
1. JABBAR S/O.IBRAHIM, SAJANA MANZIL, VARKALA THIRUVANANTHAPURAM DISTRICT-695 141.
Issues for consideration
3 issues framed by the court
Whether the learned Munsiff violated the stay order issued in OA No.2053/2009 by proceeding with the trial of the maintenance suit.
Whether the trial of the suit must be stayed until the disposal of the pending appeals against decrees in earlier suits.
Whether the petitioner is entitled to a direction from the High Court to restrain the lower court from proceeding with the stayable proceedings.
Parties & counsel
- petitioner
Safarulla
- respondent
Jabbar
- respondent
Asharaf
Coram
Case details
As recorded by the court registry
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