Kerala High Court
Karimbil Balachandran vs M T Abdul Khader on 8 November, 2024
OP(C) No.2528/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 8th day of November 2024 / 17th Karthika, 1946
OP(C) NO. 2528 OF 2024
IA 1/2024 IN AS 35/2024 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS
TRIBUNAL, KASARAGOD
PETITIONER/PETITIONER/APPELLANTS:
1. KARIMBIL BALACHANDRAN, AGED 61 YEARS S/O RAGHAVAN, R/AT KOYITHATTA,
KARINTHALAM VILLAGE & PO, VELLARIKUNDU TALUK, KASARGOD DISTRICT,,
PIN - 671314
2. V CHANDRAKUMARI, AGED 48 YEARS W/O KARIMBIL BALACHANDRAN, R/AT
KOYITHATTA, KARINTHALAM VILLAGE &PO, VELLARIKUNDU TALUK, KASARGOD
DISTRICT, , PIN - 671314
3. V SATHEESAN, AGED 48 YEARS S/O RAGHAVAN, R/AT KOYITHATTA,
KARINTHALAM VILLAGE & PO, VELLARIKUNDU TALUK, KASARGOD DISTRICT,,
PIN - 671314
RESPONDENT/PLAINTIF & DEFENDANTS 1,3 & 4:
1. M T ABDUL KHADER, AGED 63 YEARS S/O PP AHAMMED HAJI, RESIDING AT
MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD
DISTRICT, 671344, REPRESENTED BY POWER OF ATTORNEY HOLDER EDAKKAVIL
MUHAMMED ALI MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO,
KASARGOD DISTRICT,, PIN - 671344
2. EDAKKAVIL MUHAMMED ALI, AGED 63 YEARS S/O TP ABDUL RAZAK HAJI,
RESIDING AT MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO,
KASARGOD DISTRICT , PIN - 671344
3. EDAKKAVIL PUTHIYAPURAYIL ABDUL RAZAK, AGED 67 YEARS S/O TP ABDULLA
HAJI, RESIDING AT CHERUVATHUR VILLAGE, MADAKKARA, THURUTHI PO,
KASARGOD DISTRICT, 671351 REPRESENTED BY POWER OF ATTORNEY HOLDER
EDAKKAVIL MUHAMMED ALI MAVILAKADAPPURAM, VALIYAPARAMBA,
MAVILAKADAPPURAM PO, KASARGOD DISTRICT,, PIN - 671344
4. K SASIDHARAN, AGED 58 YEARS S/O K GOPALAN, R/AT KUNNELVEEDU,
THEKKUMBAD, KUNHIMANGALAM AMSOM DESOM, PO KOVVAPURAM, PAYYANNUR
TALUK, KANNUR DISTRICT, 670309 REPRESENTED BY POWER OF ATTORNEY
HOLDER EDAKKAVIL MUHAMMED ALI MAVILAKADAPPURAM, VALIYAPARAMBA,
MAVILAKADAPPURAM PO, KASARGOD DISTRICT, , PIN - 671344
5. EDAKKAVIL SADIK, AGED 51 YEARS S/O TP ABDUL RAZAK HAJI, RESIDING AT
CHERUVATHUR VILLAGE, MADAKKARA, THURUTHI PO, KASARGOD DISTRICT,
671351 REPRESENTED BY POWER OF ATTORNEY HOLDER EDAKKAVIL MUHAMMED
ALI MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD
DISTRICT , PIN - 671344
6. A ABDUL SALEEM, S/O ABDULLA, AGED 52 YEARS, RESIDING AT FATHIMAS
HOUSE, NEAR TELEPHONE EXCHANGE, CHERUVATHUR, KASARGOD DISTRICT,
671351 REPRESENTED BY POWER OF ATTORNEY HOLDER EDAKKAVIL MUHAMMED
ALI MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD
DISTRICT , PIN - 671344
7. EDAKKAVIL THAHA AGED 53 YEARS S/O ABDUL RAZAK HAJI, RESIDING AT
OP(C) No.2528/2024 2/3
CHERUVATHUR VILLAGE, MADAKKARA, THURUTHI PO, KASARGOD DISTRICT,
671351 REPRESENTED BY POWER OF ATTORNEY HOLDER EDAKKAVIL MUHAMMED
ALI MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD
DISTRICT,, PIN - 671344
8. EDAKKAVIL SHAFEEQ, AGED 44 YEARS S/O ABDUL RAHIM, BUSINESS, RESIDING
AT CHERUVATHUR VILLAGE & PO, KASARGOD DISTRICT, 671351 REPRESENTED
BY POWER OF ATTORNEY HOLDER EDAKKAVIL MUHAMMED ALI MAVILAKADAPPURAM,
VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD DISTRICT , PIN - 671344
9. POOMADATHU RAFEEQUE, AGED 55 YEARS S/O ASSAINAR HAJI, CHERUVATHUR
VILLAGE, MADAKKARA, THURUTHI PO, KASARGOD DISTRICT, 671313
REPRESENTED BY POWER OF ATTORNEY HOLDER EDAKKAVIL MUHAMMED ALI
MAVILAKADAPPURAM, VALIYAPARAMBA, MAVILAKADAPPURAM PO, KASARGOD
DISTRICT , PIN - 671344
10. CA STEPHEN, AGED 82 YEARS S/O A G ABRAHAM, EX-MILITARY, KARAMEL
HOUSE, PALLIMUKKU, PATHAYAPPURA TALUK, PO PATHANAPURAM, , PIN -
689695
11. ANWAR SADATH , AGED 52 YEARS S/O MOOSAKUTTY, BUSINESS, RESIDING AT
CHERUVATHUR GRAMAM, MADAKKARA, THURUTHI PO, KASARGOD DISTRICT,, PIN
- 671351
12. PAICHIKARANTE VEETTIL SHARAFUDEEN AGED 47 YEARS S/O PALLIKALAGATH
MUHAMMED ALI & RAHMATH, R/AT ORIMUKKU, PADNE VILLAGE & POST, HOSDURG
TALUK, KASARGOD DISTRICT, ., PIN - 671313
13. PAICHIKARANTE VEETTIL SIYAD AGED 42 YEARS S/O PALLIKALAGATH MUHAMMED
ALI & RAHMATH, R/AT ORIMUKKU, PADNE VILLAGE & POST, HOSDURG TALUK,
KASARGOD DISTRICT, ., PIN - 671313
14. PAICHIKARANTE VEETTIL BUSHRA, AGED 39 YEARS D/O PALLIKALAGATH
MUHAMMED ALI & RAHMATH, R/AT ORIMUKKU, PADNE VILLAGE &POST, HOSDURG
TALUK, KASARGOD DISTRICT, ., PIN - 671313
15. PAICHIKARANTE VEETTIL KHAIRUNNISA AGED 39 YEARS D/O PALLIKALAGATH
MUHAMMED ALI &RAHMATH, R/AT ORIMUKKU, PADNE VILLAGE & POST, HOSDURG
TALUK, KASARGOD DISTRICT, ., PIN - 671313
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to
issue interim order staying operation of further proceedings in EP
No.42/2024 in OS No.24/2021 of the Subordinate Judges Court, Hosdurg,
pending this Orignal Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S.SURESH KUMAR KODOTH & SUKARNAN,Advocates for the petitioners, the
court passed the following:
ORDER
Admit.
Issue notice to the respondents by speed post. Notice may also be served through the respective counsel appearing for the respondents in A.S No.35/2024 before the District Court, Kasaragod.
There will be an interim order as prayed for, for a period of one month.
OP(C) No.2528/2024 3/3Post on 09.12.2024.
Sd/- VIJU ABRAHAM JUDGE 08-11-2024 /True Copy/ Assistant Registrar