Kerala High Court
Muhammed Haneefa vs Sharafudeen on 29 January, 2026
Author: T.R. Ravi
Bench: T.R.Ravi
2026:KER:7138
OP(C) NO. 1271 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
OP(C) NO. 1271 OF 2024
AGAINST THE ORDER DATED 22.01.2024 IN EP 50/2023
IN OS NO.16 OF 2016 OF MUNSIFF COURT,ATTINGAL ARISING
OUT OF THE ORDER DATED 26.03.2024 IN IA 1/2024 IN OS
NO.16 OF 2016 OF MUNSIFF COURT,ATTINGAL
PETITIONER/DECREE HOLDER IN E.P.No.50 OF 2023 IN
OS.No.16 OF 2016/PETITIONR IN I.A.No.1 OF 2024 IN
OS.No.16 OF 2016:
MUHAMMED HANEEFA
AGED 70 YEARS
SON OF ABUBEKKER, HASEENA MANZIL, THEKKEMURI,
KANIYAPURAM, PALLIPPURAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695301
BY ADVS.
SRI.G.SUDHEER
SRI.V.SURESH
SRI.R.HARIKRISHNAN
SMT.SMRITHI S.S.
2026:KER:7138
OP(C) NO. 1271 OF 2024
2
RESPONDENT/JUDGMENT DEBTOR IN E.P.No.50 OF 2023 IN
OS.No.16 OF 2016/COUNTER-PETITIONER IN I.A.No.1 OF 2024
IN OS.No.16 OF 2016:
SHARAFUDEEN
AGED 57 YEARS
SON OF ABUBEKKAR, E A NIVAS, NEAR
MANAKATTUVILAKAM MHS, KANIYAPURAM, PALLIPPURAM
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN -
695301
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:7138
OP(C) NO. 1271 OF 2024
3
T.R. RAVI, J.
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O.P(C). No. 1271 of 2024
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Dated this the 29th day of January, 2026
JUDGMENT
This original petition has been filed challenging Ext.P12 order whereby I.A.No.1 of 2024 filed in O.S.No.16 of 2016 before the Munsiff Court, Attingal has been rejected, stating that the decree cannot be drawn up with a schedule produced at a later stage after the dismissal of the suit. Even though notice was served on the respondent, the respondent has chosen not to appear before this Court. Apparently the respondent has no objection to the prayer made. There is no reason why the decree holder should suffer solely for the reason that the plaint item has not been scheduled.
2026:KER:7138 OP(C) NO. 1271 OF 2024 4 In the above circumstances, the original petition is allowed. I.A.No.1 of 2024 is allowed. The court below shall draw up the decree based on the schedule as per the amended plaint.
Sd/-
T.R.RAVI JUDGE LEK 2026:KER:7138 OP(C) NO. 1271 OF 2024 5 APPENDIX OF OP(C) NO. 1271 OF 2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
103 OF 2015 OF SRO, POTHENCODE IN FAVOUR OF THE PETITIONER DATED 12.01.2015 Exhibit P2 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 16.02.2023 ISSUED FROM MANGALAPURAM GRAMA PANCHAYAT IN FAVOUR OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE RENT AGREEMENT EXECUTED BETWEEN THE PETITIONER AND RESPONDENT DATED 13.01.2015 Exhibit P4 THE TRUE COPY OF THE PLAINT IN OS NO.
16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 18-10-2019 IN OS NO. 16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL Exhibit P6 THE TRUE COPY OF THE DECREE DATED 18.10.2019 IN OS NO. 16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL Exhibit P7 THE TRUE COPY OF EP NO. 50 OF 2023 IN OS NO. 16 OF 2016 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ATTINGAL Exhibit P8 THE TRUE COPY OF THE E-DIARY DATED 13.12.2023 SHOWING THE PROCEEDINGS IN EP NO. 50 OF 2023 BEFORE THE MUNSIFF COURT, ATTINGAL Exhibit P9 THE TRUE COPY OF THE ORDER DATED 22.01.2024 IN EP NO. 50 OF 2023 IN OS NO. 16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL Exhibit P10 THE TRUE COPY OF I.A. NO. 1 OF 2024 IN OS NO. 16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL FILED BY THE PETITIONER TO AMEND THE PLAINT 2026:KER:7138 OP(C) NO. 1271 OF 2024 6 Exhibit P11 THE TRUE COPY OF I.A. NO. 2 OF 2024 IN OS NO. 16 OF 2016 ON THE FILE OF THE MUNSIFF COURT, ATTINGAL FILED BY THE PETITIONER TO CORRECT THE DECREE IN OS NO. 16 OF 2016 Exhibit P12 THE TRUE COPY OF THE ORDER IN I.A. NO. 1 OF 2024 IN OS NO. 16 OF 2016 DATED 26.03.2024, ON THE FILE OF THE MUNSIFF COURT, ATTINGAL