Kerala High Court
Valiya Parambil Usman vs Pengattu Rayin on 10 December, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 13TH DAY OF FEBRUARY 2017/24TH MAGHA, 1938
OP(C).No. 1277 of 2014 (O)
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O.S. NO.363/2009 OF SUB COURT, TIRUR
PETITIONER(S):
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VALIYA PARAMBIL USMAN,
S/O.MOIDEEN MOLLA,
VALIYA PARAMBIL HOUSE, OZHUR (P.O.),
TIRUR TALUK, MALAPPURAM DISTRICT
REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
BASHEER.K, S/O.HAMZA,
KANNAKATH HOUSE,
KERALADHEESWARAPURAM (P.O.),
TIRUR TALUK, MALAPPURAM DISTRICT
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S):
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PENGATTU RAYIN,
S/O.MUHAMMED, PENGATTU HOUSE,
KOLAPPURAM (P.O.),TIRUR TALUK,
MALAPPURAM DISTRICT.
R1 BY ADV. SMT.MEENA.A.
R1 BY ADV. SRI.VINOD RAVINDRANATH
R1 BY ADV. SRI.SAJU.S.A
R1 BY ADV. SRI.K.C.KIRAN
R1 BY ADV. SRI.M.DEVESH
R1 BY ADV. SRI.VINAY MATHEW JOSEPH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
OP(C).No. 1277 of 2014 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE PLAINT IN OS 363/2009 BEFORE
THE SUB COURT TIRUR DATED 10/12/2009
EXHIBIT P2 COPY OF THE POWER OF ATTORNEY EXECUTED BY
THE PETITIONER DATED 1/4/2010
EXHIBIT P3 COPY OF THE EA 539/10 IN EP 131/2010
BEFORE THE SUB COURT TIRUR DATED 18/8/2010
EXHIBIT P4 COPY OF THE WRITTEN STATEMENT IN OS
363/2009 BEFORE THE SUB COURT TIRUR DATED
15/10/2012
EXHIBIT P5 COPY OF THE AFFIDAVIT IN OS 363/2009 BEFORE
THE SUB COURT TIRUR DATED 21/8/2013
EXHIBIT P6 COPY OF THE COUNTER FILED BY THE RESPONDENT
IN IA 2444/2013 IN OS 363/2009 BEFORE THE
SUB COURT TIRUR DATED 30/8/2013
EXHIBIT P7 COPY OF THE ORDER DATED 18/10/2013 IN IA
2444/2013 IN OS 363/2009 BEFORE THE SUB
COURT TIRUR
EXHIBIT P8 COPY OF THE APPLICATION SERVING
INTERROGATORIES IA 3399/2013 IN OS
363/2009 BEFORE THE SUB COURT TIRUR DATED
3/12/2013
EXHIBIT P9 COPY OF THE COUNTER FILED BY THE RESPONDENT
DATED 7/1/2013 IN IA 3399/2013 INOS
363/2009 BEFORE THE SUB COURT TIRUR
EXHIBIT P10 COPY OF THE ORDER DATED 4/2/2014 IN IA
3399/2013 INOS 363/2009 BEFORE THE SUB
COURT TIRUR
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
P.S. TO JUDGE
EL
A.MUHAMED MUSTAQUE, J.
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O.P.(C).No.1277/2014
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Dated this the 13th day of February, 2017
J U D G M E N T
The petitioner is the plaintiff in O.S.No.363/2009 on the file of the Sub Court, Tirur. He has approached this court aggrieved by order on I.A.No.2444/2013 in O.S.No.363/2009 and the order on I.A.No.3399/2013 in O.S.No.363/2009 on the file of the Sub Court, Tirur. Exts.P7 and P10 are the said orders. I do not find any reason to interfere with the order on I.A.No.2444/2013 as the respondent cannot be directed to produce passport for the purpose of comparing the signature. Therefore, there is no infirmity with the said order. However, in regard to the order on I.A.No.3399/2013, on the application for considering the service regarding interrogatories, this court is of the view that interrogatory Nos.1 and 2 can be allowed and the defendants directed to answer those interrogatories as it may be relevant in the matter of the dispute. Accordingly, Ext.P10 is set aside. I.A.No.3399/2013 in O.S.No.363/2009 is allowed.
The original petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms