Allowed

Varikkottil Moidutty Haji v. Veerankutty

Kerala HC4 Dec 2017FAO/49/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an appeal from the dismissal of an injunction application by directing the trial court to expedite the trial of the pending partition suit and dispose of it before the summer vacation of 2018.

What did the court decide?

Direction to the Subordinate Judge of Tirur to try and dispose of the pending partition suit expeditiously before the summer vacation of 2018.

Varikkottil Moidutty Haji Vs Veerankutty — Partition | Kerala HC (2017)

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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 P.N.RAVINDRAN &

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY, THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939

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FAO.No. 49 of 2017 ()

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AGAINST THE ORDER DATED 13.3.2017 IN IA 1610/2015 IN OS 72/2012 OF SUB COURT, TIRUR

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APPELLANT/PETITIONER/1ST DEFENDANT:

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VARIKKOTTIL MOIDUTTY HAJI, S/O.LATE SAITHALAVI, AGED 63 YEARS, VARIKKOTTIL HOUSE, RANDATHANI.P.O, KURUMBATHUR AMSOM, PUNNATHALA DESOM, MALAPPURAM-676 510.

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BY ADVS.SRI.JACOB SEBASTIAN

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SRI.K.A.SIYAD SRI.K.V.WINSTON SMT.ANU JACOB

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RESPONDENT/RESPODENT/PLAINTIFF:

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VEERANKUTTY,

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S/O.LATE SAITHALAVI,AGED 63 YEARS,VARIKKOTTIL HOUSE, RANDATHANI.P.O,KURUMBATHUR AMSOM,PUNNATHALA DESOM, MALAPPURAM-676 510.

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R1 BY ADV. SRI.JAMSHEED HAFIZ

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 04-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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VPV

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P.N. Ravindran &

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R.Narayana Pisharadi, JJ.

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

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F.A.O.No.49 of 2017

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- - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4^th December, 2017

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JUDGMENT

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P.N.Ravindran, J.

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This appeal arises from the order passed by the Court of the Subordinate Judge of Tirur on 13.3.2017 dismissing I.A.No.1610 of 2015 in O.S.No.72 of 2012, an application filed by the appellant/first defendant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for an interim order of injunction restraining the respondent/second plaintiff from putting up any new construction in item No.3 of plaint B schedule property.

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When the appeal came up for consideration today, learned counsel appearing for the appellant submitted that the suit being one for partition instituted in the year 2012, this appeal may be disposed of with a direction to the trial court to expedite the trial and disposal of the suit. Learned counsel appearing for the respondent also made the same submission.

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In the light of the aforesaid submissions, we dispose of this appeal with a direction to the Court of the Subordinate Judge of Tirur where O.S.No.72 of 2012 is pending, to try and dispose of the suit expeditiously and in any event, before the closure of the civil courts for

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FAO 49/2017

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the summer vacation of 2018.

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(P.N. Ravindran, Judge)

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(R.Narayana Pisharadi, Judge)

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kav/

Varikkottil Moidutty Haji v. Veerankutty

Case brief

What is this about?

What did the court decide?

Varikkottil Moidutty Haji v. Veerankutty

Case brief

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