Shajahan v. Rukya Beevi
Case brief
What is this about?
Kerala HC set aside an Additional Munsiff's order allowing a defendants' application for a measurement commission before their written statement. The court found the reason unsatisfactory given the plaintiff's objections and directed the court to consider the application on merits.
What did the court decide?
Ext.P5 (order allowing commission) set aside; a reasoned order on merits required from the Additional Munsiff.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
OP(C) NO. 117 OF 2022
AGAINST IA 2/2021 IN OS 386/2021 OF II ADDITIONAL MUNSIFF COURT
,NEYYATTINKARA
PETITIONER/PLAINTIIF IN THE SUIT:
SHAJAHAN AGED 53 YEARS S/O. SATHYAN PILLAI, BISMI MANZIL, NEAR CHECK POST, AMARAVILA P.O., KOLLAYIL VILLAGE, NADOORKOLLA DESOM, NEYYATTINKARA, TRIVANDRUM-695 122 BY ADVS. S.KRISHNA GOVIND R.
RESPONDENT/2ND & 3RD DEFENDANTS IN THE SUIT:
1 RUKYA BEEVI W/O. SHAMSUDEEN, RESIDING AT TAUFEEK MANZIL, NEAR CHECK POST, AMARAVILA P.O., KOLLAYIL VILLAGE, NEYYATTINKARA, TRIVANDRUM, PIN-695 0122
Issues for consideration
3 issues framed by the court
Whether to allow a defendants' application for measurement commission before filing written statement when plaintiff objects to it.
Whether the reason given for allowing the measurement commission is satisfactory.
Whether the impugned order allowing the commission needs to be set aside.
Parties & counsel
- petitioner
SHAJAHAN
- respondent
RUKYA BEEVI
- respondent
KAFOOR
Coram
Case details
As recorded by the court registry
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