Kunhimoossa v. C.K. Surendran
Case brief
What is this about?
Kerala High Court disposed of an original petition challenging an interim order admitting parties. The court directed the Commercial Court to hear the suit without being bound by observations in the interim order, allowing petitioner to raise Order 2 Rule 2 CPC arguments at final hearing.
What did the court decide?
Directed Commercial Court, Vatakara to hear and dispose suit untrammeled by Ext.P15 observations and allowed petitioner to raise Order 2 Rule 2 CPC arguments at final hearing.
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 T.R.RAVI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
OP(C) NO. 209 OF 2024
ORDER IN I.A.NOS.1 & 2 OF 2024 IN CS NO.32 OF 2022 OF COMMERCIAL JUDGE/SUBORDINATE JUDGE OF VATAKARA
PETITIONER:
KUNHIMOOSSA AGED 64 YEARS KUNHI MAMMU, DIRECTOR.M/S. SAVOURY RESTAURANT, NO.27, MOSQUE ROAD, FRAZER TOWN, BANGALORE, KARNATAKA, PIN - 560006
BY ADVS. P.VISWANATHAN (SR.) AJITH VISWANATHAN K.SANEESH KUMAR HAIRA SAYED MANSOOR BAFAKHY THANGAL SHIBU JOSEPH
RESPONDENT:
C.K. SURENDRAN
Issues for consideration
2 issues framed by the court
Whether the petitioner can challenge an order admitting parties based on Order 2 Rule 2 CPC before final hearing
Whether the principle of claim relinquishment obstructs the petitioner's present application
Parties & counsel
- petitioner
Kunhimoo SSA, aged 64 years, Kunhi Mammu
- respondent
C.K. Surendran
Coram
T.R. RAVI
Case details
As recorded by the court registry
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